FDEP 64E-6 Rev 4-28-10 - Onsite Sewerage and Septic Tanks - PD

STATE OF FLORIDA
DEPARTMENT OF HEALTH
CHAPTER 64E-6, FLORIDA ADMINISTRATIVE CODE
STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS
EFFECTIVE APRIL 28, 2010
PART I
64E-6.001 GENERAL --------------------------------------------------------------------------------------------------------------- 1
64E-6.002 DEFINITIONS ---------------------------------------------------------------------------------------------------------- 2
64E-6.003 PERMITS ---------------------------------------------------------------------------------------------------------------- 7
64E-6.004 APPLICATION FOR SYSTEM CONSTRUCTION PERMIT --------------------------------------------------- 8
64E-6.005 LOCATION AND INSTALLATION -------------------------------------------------------------------------------- 11
64E-6.006 SITE EVALUATION CRITERIA ------------------------------------------------------------------------------------ 13
64E-6.008 SYSTEM SIZE DETERMINATIONS ------------------------------------------------------------------------------- 14
64E-6.009 ALTERNATIVE SYSTEMS ------------------------------------------------------------------------------------------ 18
64E-6.010 SEPTAGE AND FOOD ESTABLISHMENT SLUDGE ---------------------------------------------------------- 23
64E-6.0101 PORTABLE RESTROOMS AND PORTABLE OR STATIONARY HOLDING TANKS ------------------ 27
64E-6.011 ABANDONMENT OF SYSTEMS----------------------------------------------------------------------------------- 31
64E-6.012 STANDARDS FOR THE CONSTRUCTION, OPERATION, AND
MAINTENANCE OF AEROBIC TREATMENT UNITS -------------------------------------------------------- 32
64E-6.013 CONSTRUCTION MATERIALS AND STANDARDS FOR
TREATMENT RECEPTACLES-------------------------------------------------------------------------------------- 35
64E-6.014 CONSTRUCTION STANDARDS FOR DRAINFIELD SYSTEMS -------------------------------------------- 42
64E-6.015 PERMITTING AND CONSTRUCTION OF REPAIRS ---------------------------------------------------------- 44
64E-6.0151 PRODUCT COMPOSITION------------------------------------------------------------------------------------------ 50
64E-6.016 U.S. DEPARTMENT OF AGRICULTURE SOIL TEXTURAL
CLASSIFICATION----------------------------------------------------------------------------------------------------- 51
PART II FLORIDA KEYS

64E-6.017 DEFINITIONS ---------------------------------------------------------------------------------------------------------- 53
64E-6.018 SYSTEM LOCATION, DESIGN AND MAINTENANCE CRITERIA ---------------------------------------- 54
64E-6.0181 CESSPIT REPLACEMENT AND UNDOCUMENTED SYSTEM REPLACEMENT AND
INTERIM SYSTEM USE---------------------------------------------------------------------------------------------- 55
64E-6.0182 COORDINATED PERMITTING------------------------------------------------------------------------------------- 57
PART III SEPTIC TANK CONTRACTORS

64E-6.019 REQUIREMENTS FOR REGISTRATION ------------------------------------------------------------------------- 58
64E-6.020 MASTER SEPTIC TANK CONTRACTORS ---------------------------------------------------------------------- 59
64E-6.021 ISSUANCE OF REGISTRATION CERTIFICATES AND RENEWAL --------------------------------------- 59
64E-6.022 STANDARDS OF PRACTICE AND DISCIPLINARY GUIDELINES ---------------------------------------- 60
64E-6.023 CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS--------------------------------------------- 61
PART IV PERFORMANCE-BASED TREATMENT SYSTEMS

64E-6.025 DEFINITIONS ---------------------------------------------------------------------------------------------------------- 62
64E-6.026 APPLICATIONS FOR INNOVATIVE SYSTEM PERMITS AND
SYSTEM CONSTRUCTION PERMITS ---------------------------------------------------------------------------- 64
64E-6.027 PERMITS --------------------------------------------------------------------------------------------------------------- 65
64E-6.028 LOCATION AND INSTALLATION -------------------------------------------------------------------------------- 67
64E-6.029 MONITORING---------------------------------------------------------------------------------------------------------- 69
64E-6.0295 INNOVATIVE SYSTEM RECLASSIFICATION ----------------------------------------------------------------- 70
PART V FEES
64E-6.030 FEES---------------------------------------------------------------------------------------------------------------------- 71
REFERENCED POLICIES AND PROCEDURES
CONTINUING EDUCATION COURSES ANDS COURSE PROVIDERS – SEPTEMBER 2006 --------------------------- 72
VOLUNTARY INSPECTION AND ASSESSMENT OF EXISTING SYSTEMS - MAY 2000------------------------------- 75
DRAINFIELD SIZING IN AREAS WITH DISCONTINUOUS LIMESTONE - AUGUST 1999----------------------------- 77
APPROVAL STANDARDS FOR OSTDS OUTLET FILTER DEVICES – NOVEMBER 2008------------------------------ 81
2008 FLORIDA STATUTES (EXCERPTS)

CHAPTER 381.001, F.S. LEGISLATIVE INTENT, PUBLIC HEALTH SYSTEM ------------------------------ 83
CHAPTER 381.0011, F.S. DUTIES AND POWERS OF THE DEPT. OF HEALTH ------------------------------ 84
CHAPTER 381.0012, F.S. ENFORCEMENT AUTHORITY ---------------------------------------------------------- 85
CHAPTER 381.0013, F.S. EMINENT DOMAIN------------------------------------------------------------------------ 85
CHAPTER 381.0014, F.S. REGULATIONS AND ORDINANCES SUPERCEDED ------------------------------ 85
CHAPTER 381.0015, F.S. PRESUMPTIONS---------------------------------------------------------------------------- 85
CHAPTER 381.0016, F.S. MUNICIPAL REGULATIONS AND ORDINANCES--------------------------------- 86
CHAPTER 381.0025, F.S. PENALTIES ---------------------------------------------------------------------------------- 86
CHAPTER 381.006, F.S. ENVIRONMENTAL HEALTH------------------------------------------------------------ 86
CHAPTER 381.0061, F.S. ADMINISTRATIVE FINES --------------------------------------------------------------- 88
CHAPTER 381.0064, F.S. CONTINUING EDUCATION COURSES FOR PERSONS
INSTALLING OR SERVICING SEPTIC TANKS ------------------------------------- 88
CHAPTER 381.0065, F.S. ONSITE SEWAGE TREATMENT AND DISPOSAL
SYSTEMS; REGULATION ---------------------------------------------------------------- 88
CHAPTER 381.00655, F.S. CONNECTION OF EXISTING OSTDS TO CENTRAL
SEWERAGE SYSTEM; REQUIREMENTS--------------------------------------------- 99
CHAPTER 381.0066, F.S. ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS; FEES----------- 100
CHAPTER 381.0067, F.S. CORRECTIVE ORDERS------------------------------------------------------------------- 101
CHAPTER 381.0068, F.S. TECHNICAL REVIEW AND ADVISORY PANEL ----------------------------------- 101
CHAPTER 386.01, F.S. SANITARY NUISANCES ----------------------------------------------------------------- 103

CHAPTER 386.02, F.S. DUTY OF THE DEPARTMENT ---------------------------------------------------------- 103
CHAPTER 386.03, F.S. NOTICE TO REMOVE NUISANCES---------------------------------------------------- 103
CHAPTER 386.041, F.S. NUISANCES INJURIOUS TO HEALTH------------------------------------------------ 104
CHAPTER 386.051, F.S. NUISANCES INJURIOUS TO HEALTH, PENALTY--------------------------------- 104
CHAPTER 489.103, F.S. EXEMPTIONS ------------------------------------------------------------------------------- 105

CHAPTER 489.105(3)(m), F.S. DEFINITION OF PLUMBING CONTRACTOR --------------------------------------- 108
PART III, CHAPTER 489, F.S. SEPTIC TANK CONTRACTING
CHAPTER 489.551, F.S. DEFINITIONS ------------------------------------------------------------------------------- 109
CHAPTER 489.552, F.S. REGISTRATION REQUIRED------------------------------------------------------------- 109
CHAPTER 489.553, F.S. ADMINISTRATION OF PART; REGISTRATION
QUALIFICATIONS; EXAMINATION -------------------------------------------------- 109
CHAPTER 489.554, F.S. REGISTRATION RENEWAL ------------------------------------------------------------- 110
CHAPTER 489.555, F.S. CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS------------------ 111
CHAPTER 489.556, F.S. SUSPENSION OR REVOCATION OF REGISTRATION ---------------------------- 111
CHAPTER 489.557, F.S. FEES, ESTABLISHMENT ----------------------------------------------------------------- 112
CHAPTER 489.558, F.S. PENALTIES AND PROHIBITIONS------------------------------------------------------ 112
INDEX -------------------------------------------------------------------------------------------------------------------------------------- 113

STATE OF FLORIDA
DEPARTMENT OF HEALTH
CHAPTER 64E-6, FLORIDA ADMINISTRATIVE CODE
STANDARDS FOR ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS
PART I
64E-6.001 General.
(1) The provisions of Part I of this chapter shall apply to all areas of the state except where specific provisions of law or
other parts of this chapter provide a specific exemption or modification to those provisions. The provisions of this chapter must
be used in conjunction with Chapter 381 and Part III, Chapter 489, F.S.
(2) Structures used or intended for human occupancy, employment or service to the public and locations where people
congregate, such as construction sites, fairs, and field locations for agricultural workers shall provide approved wastewater
treatment and disposal systems. Except for the provisions of Rule 64E-6.0101, F.A.C., permanent structures shall not rely upon
the use of holding tanks and portable toilets for wastewater treatment and disposal.
(3) Combination of commercial and domestic sewage into a single system shall require that all the sewage be treated as
commercial sewage.
(4) Except as provided for in Section 381.00655, F.S., any existing and prior approved system which has been placed into
use and which remains in satisfactory operating condition shall remain valid for use under the terms of the rule and permit
under which it was approved. Alterations that change the conditions under which the system was permitted and approved,
sewage characteristics or increase sewage flow will require that the owner, or their authorized representative, apply for and
receive reapproval of the system by the DOH county health department, prior to any alteration of the structure, or system. If an
applicant requests that the department consider the previous structure’s or establishment’s most recent approved occupancy, the
applicant must provide written documentation that the onsite sewage treatment and disposal system was approved by the
department for that previous occupancy. An applicant will be required to complete Form DH 4015, 08/09, Application for
Construction Permit, herein incorporated by reference, and provide a site plan in accordance with paragraph 64E-6.004(3)(a),
F.A.C., to provide information of the site conditions under which the system is currently in use and conditions under which it
will be used. The applicant shall have all system tanks pumped by a permitted septage disposal service. A registered septic tank
contractor, state-licensed plumber, person certified under Section 381.0101, F.S., or master septic tank contractor shall
determine the tank volume and shall perform a visual inspection of the tank when the tank is empty to detect any observable
defects or leaks in the tank. The tank volume shall be obtained from the tank legend or shall be calculated from measured
internal tank dimensions for length, width and depth to the liquid level line or from the measured outside dimensions for length
and width minus the wall thickness and depth to the liquid level line. For odd shaped tanks and tanks without a legend, metered
water flows from the refilling of the tank may be used in lieu of measured inside or outside tank dimensions. The person
performing the inspection shall submit the results to the DOH county health department as part of the application using page 4
of Form DH 4015. If a prior approved existing system has been approved by the DOH county health department within the
preceding three years, and the system was determined to be in satisfactory operating condition at that time, a new inspection is
not required unless there is a record of failure of the system. If it is determined that a new inspection is not required, only the
application fee shall be charged for this application and approval. A commercial system out of service for more than one year
shall be brought into full compliance with current requirements of this chapter prior to the system being placed into service. If
the use of a building is changed or if additions or alterations to a building are made which will increase domestic sewage flow,
change sewage characteristics, or compromise the integrity or function of the system, the onsite sewage treatment and disposal
system serving such building shall be brought into full compliance with the provisions and requirements of these rules. Proper
well setbacks shall be maintained. Prior to any modification of the system, the owner shall apply for and obtain a permit for
modification of the system from the county health department in accordance with Rule 64E-6.004, F.A.C. The permit shall be
valid for 18 months from the date of issue. Where building construction has commenced, it shall be valid for an additional 90
days. Necessary site investigations and tests shall be performed at the expense of the owner by either an engineer with soils
training who is licensed in the state of Florida pursuant to Chapter 471, F.S., registered septic tank contractors, master septic
tank contractors, or persons certified under Section 381.0101, F.S., or department personnel for the appropriate fee specified in
Section 381.0066, F.S.
(a) For residences, flows shall be calculated using new system criteria for bedrooms and building area, including existing
structures and any proposed additions. Table I and footnotes shall apply. For example, a current three bedroom, 1300 square
foot home would be able to add building area to have a total of 2250 square feet of building area with no change in their
approved system, provided no additional bedrooms are added. No part of the existing structure, or the addition to the structure
shall be allowed to cover any part of the system. Non-load bearing structures, such as a concrete patio floor, are allowed to
cover the septic tank, provided that access to the tank is provided for maintenance. The structure above the septic tank shall
have a minimum opening of 225 square inches at each end of the septic tank for access into the tank. The structure shall not be
in direct contact with the tank. A barrier of soil or plastic shall be used between the tank and non-load bearing structure. For
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those residences that add sewage flow, the system shall be required to be altered to meet the following criteria:
1. The septic tank need not be replaced if it is structurally sound and is within one tank size of the required specifications
found in Table II, for the proposed structure. An approved outlet filter shall be installed if one is currently not in place.
2. The county health department shall require the existing drainfield to be increased to current rule drainfield size
requirements for the proposed estimated sewage flow using the appropriate soil loading rate and sizing criteria for new
systems. Where the existing elevation of the bottom surface of the drainfield is less than 24 inches above the wet season high
water table, the bottom of the drainfield shall be maintained at the existing separation or a minimum of 12 inches above the wet
season high water table, whichever is greater.
3. Where the bottom of the drainfield is less than 12 inches above the wet season high water table, the drainfield shall be
brought into full compliance with all new system standards, as long as it is the intent of the applicant to proceed with the
addition to the residence.
4. Any system where the tank needs to be replaced or is replaced as part of a system upgrade shall be brought into full
compliance with all new system specifications.
(b) For commercial establishments, the system shall not be required to be altered if domestic sewage flow is not expected
to increase by more than 20% of original design flow or require more than one tank size adjustment. A department approved
outlet filter device shall be installed. Any commercial system where the tank needs to be replaced shall be brought into full
compliance with all new system specifications.
(c) These requirements do not authorize a residence or establishment to exceed the lot flow allowances authorized under
paragraph 64E-6.005(7)(c), F.A.C. Establishments that currently exceed lot flow allowances shall not be allowed to increase
sewage flow.
(d) Any system which is used to treat and dispose of commercial wastewater shall be brought into full compliance with the
provisions and requirements of current rules when any change in sewage flow or characteristics is made.
(e) Repair of the system to repair system standards shall not alter the standards found in this subsection for existing system
use or modification.
(f) The installation of a laundry system, a gray water system, a grease interceptor, or additional drainfield as a
precautionary measure to prolong system functioning of an existing system is considered a modification to the system. Such
installation is not a modification if it is associated with an increase in estimated sewage flow or change in sewage
characteristics, if the system is in failure or if the existing system is in non-compliance with the terms of the original permit, in
which case it will be considered a new system.
(g) Where the current structure exceeds the design capacity of the existing system, the system shall not be allowed for use
with any addition.
(5) The department Procedure for Voluntary Inspection and Assessment of Existing Systems, May, 2000, herein
incorporated by reference, shall be applied except in situations pertaining to an increase in sewage flow or change in sewage
characteristics, or failure of the system. The inspection is designed to assess the condition of a system at a particular moment in
time. The inspection will identify obviously substandard systems, for example systems without drainfields. The inspection is
not designed to determine precise code compliance, nor provide information to demonstrate that the system will adequately
serve the use to be placed upon it by this or any subsequent owner. Nothing in this section shall be construed to limit the
amount of detail an inspector may provide at their professional discretion. Persons allowed to perform work under this section
shall be master septic tank contractors, registered septic tank contractors, state-licensed plumbers, and persons certified under
Section 381.0101, F.S. Department employees are excluded from performing these evaluations. Aerobic treatment units and
performance-based treatment systems shall not be evaluated using this criteria, but shall be evaluated by the approved
maintenance entity which maintains the unit or system. Nothing in this section restricts the person having ownership of, control
of, or use of an onsite sewage treatment and disposal system from requesting a partial inspection. The inspector shall provide
the person requesting the inspection a copy of the department Procedure for Voluntary Inspection and Assessment of Existing
Systems and written notice of their right to request an inspection based on part or all of the standards.
(6) Citations issued by the department shall be on Form DH 3146, 11/02, Citation for Violation, Onsite Sewage Programs/
Sanitary Nuisance, hereby incorporated by reference.
(7) All materials incorporated herein may be obtained from the Bureau of Onsite Sewage Programs at
www.MyFloridaEH.com or 4052 Bald Cypress Way, Bin A08, Tallahassee, Florida 32399-1713.
Rulemaking Authority 381.0065(3)(a), 489.553(3), 489.557(1) FS. Law Implemented 381.0065, 381.0067, 386.041, 489.553
FS. History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.41, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-
6.041, Amended 11-19-97, 2-3-98, 3-22-00, 9-5-00, 5-24-04, 11-26-06, 6-25-09, 4-28-10.
64E-6.002 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings indicated:
(1) Absorption surface – the total surface area of soil at the bottom of the drainfield.
(2) Aerobic treatment unit – a sewage treatment unit which introduces air into sewage to provide aerobic biochemical
stabilization within a treatment receptacle.
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(3) Alternative system – any approved onsite sewage treatment and disposal system used in lieu of, including
modifications to, a standard subsurface system.
(4) American National Standards Institute, hereafter referred to as ANSI – an organization comprised of trade associations,
technical societies, professional groups, consumer organizations, and individual companies with headquarters located at 1430
Broadway, New York, New York 10018. This organization acts as a clearinghouse and coordinating body for voluntary
standards activities in the United States, and approves as American National Standards those standards that have been
developed according to its principles of openness, due process and consensus. Among its activities is accreditation of third-
party certification programs.
(5) American Society for Testing Materials hereafter referred to as ASTM – a technical society with headquarters located
at 1916 Race Street, Philadelphia, Pennsylvania, 19103, which develops and publishes national standards for the testing and
quality assurance of construction materials.
(6) Approved – an onsite sewage treatment and disposal system constructed and installed in compliance with the standards
and requirements of this chapter and which has received final installation approval. “Approved” installation does not imply that
a system will perform satisfactorily for a specific period of time.
(7) Approved maintenance entity – any person or business entity which has been issued a written permit by the DOH
county health department to provide maintenance services associated with approved onsite aerobic treatment units.
(8) Aquifer – a geological formation, group of formations, or part of a formation that is capable of yielding potentially
usable quantities of potable water from wells or springs.
(9) Available publicly owned or investor-owned sewerage system – as defined by Section 381.0065(2), F.S.
(10) Base flood – the flood having a one percent chance of being equaled or exceeded in any given year.
(11) Bedroom – a room designed primarily for sleeping or a room which is expected to routinely provide sleeping
accommodations for occupants.
(12) Building Area – that enclosed habitable area of a dwelling unit, excluding the garage, carport, exterior storage shed,
or open or screened patios or decks. Calculations of building area shall be made by measurements of the outside building
dimensions. Building area of each additional story of the structure shall be added to determine the total building area.
(13) Commercial Sewage Waste – Non-toxic, non-hazardous wastewater from commercial facilities. Examples of
establishments included in this definition are commercial and institutional food operations, commercial laundry facilities with
no more than 4 machines, and animal holding facilities.
(14) Department – the Department of Health including authorized agents of the individual DOH county health
departments.
(15) Domestic sewage waste – as defined by Section 381.0065(2), F.S. Domestic sewage is further categorized as:
(a) Blackwater – as defined by Section 381.0065(2), F.S.
(b) Graywater – as defined by Section 381.0065(2), F.S.
(c) Domestic sewage waste ranges:
1. Carbonaceous Biochemical Oxygen Demand (CBOD5), maximum 300 mg/l;
2. Total Suspended Solids (TSS), maximum 200 mg/l;
3. pH, 6 – 8; or within 1 pH unit of the water supply pH; and
4. Nitrogen (Total Kjeldahl Nitrogen, TKN) maximum 100 mg/l.
(16) Dosing Tank – See Pump Tank.
(17) Drainage Ditch – a trench dug for the purpose of draining water from the land or for transporting water for use on the
land. Swales are excluded from this definition.
(18) Drainfield – a system of open-jointed or perforated piping, approved alternative distribution units, or other treatment
facilities designed to distribute effluent for filtration, oxidation and absorption by the soil within the zone of aeration.
(19) Dwelling unit – a residence for the housing of a single family whether such residence is a detached structure or a unit
of a multiple family building.
(20) Effective capacity – the liquid volume of a tank contained below the liquid level line.
(21) Effective soil depth – the depth of slightly or moderately limited soil material at an onsite sewage treatment and
disposal system drainfield site.
(22) Establishment – a multi-family housing, apartment, condominium or townhouse complex, a mobile home park or
recreational vehicle park, a non-residential commercial or institutional development or places of business or assembly. An
establishment includes all buildings or structures, and the land appertaining thereto and shall have an owners association or
other legal entity which is responsible for maintenance and operation of the development’s sewage treatment and disposal
facilities.
(23) Failure – a condition existing within an onsite sewage treatment and disposal system which prohibits the system from
functioning in a sanitary manner and which results in the discharge of untreated or partially treated wastewater onto ground
surface, into surface water, into ground water, or which results in the failure of building plumbing to discharge properly.
(24) Filled System – a drainfield system where a portion, but not all, of the drainfield sidewalls are located at an elevation
above the elevations of undisturbed native soil on the site (see Figure 1).
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(25) Flooding -– a covering of soil surface by water from any source, such as streams overflowing their banks, runoff from
adjacent or surrounding slopes, elevation of the ground water table exceeding that of the soil surface, or combinations of these.
Terms also associated with flooding and used elsewhere in this chapter are:
(a) Frequent – flooding which occurs more than once every two years on the average;
(b) Ten year flood elevation – that flood elevation which has a 10 in 100 probability of being equaled or exceeded in any
calendar year.
(26) Florida Keys – as defined by Section 381.0065(2), F.S.
(27) Food Establishment Sludge – oils, fats, greases, food scraps and other grease interceptor contents generated by a food
operation or institutional food preparation facility using an onsite sewage treatment and disposal system.
(28) Impermeable – when used in reference to Section 381.0065(2)(k), F.S., shall mean a condition where the maximum
hydraulic conductivity is less than or equal to 1 x 10-7 centimeters per second.
(29) Industrial, hazardous or toxic sewage waste – wastewater not otherwise defined as domestic sewage waste or
commercial sewage waste. Wastewater carried off by floor drains, utility sinks and equipment drains located in buildings in
industrial or manufacturing areas, estimated volumes of commercial sewage wastes exceeding 5000 gallons per day,
wastewater from commercial laundry facilities with more than 4 self-service machines, and wastewater from car and truck
washes are included in this definition.
(30) Innovative system – as defined by Section 381.0065(2), F.S.
(31) Limitation ratings – Soil classification ratings which describe the relative suitability of soils to properly assimilate
sewage effluent. The three rating categories for the purpose of this rule are:
(a) Slightly limited – soil materials with favorable properties for the use of a drainfield.
(b) Moderately limited – soil materials that have properties moderately favorable for the use of a drainfield.
(c) Severely limited – soil materials which have one or more properties unsuitable for the use of a drainfield.
(32) Lot – as defined by Section 381.0065(2), F.S.
(33) Mean annual flood line – as defined by Section 381.0065(2), F.S.
(34) Mean annual flood line indicators– as used in Section 381.0065(2), F.S. means:
(a) Water stains – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under
the definition of “Water marks”;
(b) Hydric adventitious roots – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation
Manual, under the definition of “Morphological plant adaptations”;
(c) Drift lines – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under
the definition of “Drift lines and rafted debris”;
(d) Rafted debris – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual,
under the definition of “Drift lines and rafted debris”;
(e) Aquatic mosses and liverworts – shall mean the same as the hydrologic indicator used in the Florida Wetlands
Delineation Manual, under the definition of “Aquatic mosses and liverworts”;
(f) Moss collars – a proliferation of terrestrial mosses and liverworts that mark the upper limits of the mean annual flood
line;
(g) Lichen lines – shall mean the same as the hydrologic indicator used in the Florida Wetlands Delineation Manual, under
the definition of “Elevated lichen lines.”
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(35) Mean high water – the average height of tidal high waters over a 19-year period.
(36) Mean high water line – the intersection of the tidal plane of mean high water with the shore.
(37) Mound system – a drainfield constructed at a prescribed elevation in a prepared area of fill material. All drainfields
where any part of the bottom surface of the drainfield is located at or above the elevation of undisturbed native soil in the
drainfield area is a mound system (see Figure 2).
(38) National Sanitation Foundation International, hereafter referred to as NSF – a not for profit research, education and
service organization located at 3475 Plymouth Road, Ann Arbor, Michigan, 48106, that develops standards and criteria for
equipment, products and services that bear upon health.
(39) Non-potable water well – a well intended exclusively for irrigation purposes, or for supplying water to a heat pump
system or a well for receiving discharge water from a heat pump system.
(40) “O” Horizon – the layer of organic matter on the surface of a mineral soil. This soil layer consists of decaying plant
residues.
(41) Obstructed land – those areas on a lot or property used for such purposes as pools, concrete slabs, buildings,
driveways, parking and similar areas which prohibit, hinder, or affect the installation, operation or maintenance of an onsite
sewage treatment and disposal system.
(42) Onsite sewage treatment and disposal system, also referred to as system – as defined by Section 381.0065(2)(j), F.S.
Appurtenances installed within the building sewer prior to a treatment receptacle shall not be included in this definition.
Systems covered by Chapter 403, F.S., are not included in this definition.
(43) Potable water line – as defined by Section 381.0065(2), F.S.
(44) Potable water well – a source of water used for drinking, culinary or domestic purposes. The following classifications
of potable wells are used in this chapter.
(a) Private potable well – a well used only by one or two residences, one of which may be a rental residence.
(b) Public drinking water well – a well serving any drinking water system other than a private water system. Public
systems are classified in the following manner:
1. Community public water system – as defined in Section 403.852, F.S., such water system serves a year-round
residential population of at least 25 people per day or has a minimum of 15 year-round residential service connections.
2. Non-community public water system – as defined in Section 403.852, F.S., such water system serves a transient
population of at least 25 people per day at least 60 days per year or has a minimum of 15 non-residential service connections.
3. Non-transient non-community public water system – as defined in Section 403.852, F.S., such water system is not a
community water system, but is a system that regularly serves at least 25 of the same people for over 6 months of the year.
4. Limited use public water system – a public water system not regulated by the Florida Safe Drinking Water Act or
Chapter 62-550, 62-555, or 62-560 of the F.A.C., and further specified as limited use commercial public water system which
provides piped potable water to one or more non-residential establishments and limited use community public water system
which provides piped potable water to five or more private residences or two or more rental residences.
(c) Multi-family water well – a well that is used by three or four residences, one of which may be a rental residence.
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(45) Pump tank – a tank, or dedicated section of a multi-compartment tank used to locate a pump that is used to distribute
effluent to a drainfield, or other part of an onsite sewage treatment and disposal system.
(46) Regulatory floodway – means the channel of a river or other water course and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a
designated height.
(47) Repair – replacement of or modifications or additions to a failing system which are necessary to allow the system to
function in accordance with its design or must be made to eliminate a public health or pollution hazard. Servicing or replacing
with like kind mechanical or electrical parts of an approved onsite sewage treatment and disposal system; or making minor
structural corrections to a tank, or distribution box, does not constitute a repair. The use of any treatment method that is
intended to improve the functioning of any part of the system, or to prolong or sustain the length of time the system functions,
shall be considered a repair. The use of any non-prohibited additive by the system owner, through the building plumbing, shall
not be considered a repair. Removal of the contents of any tank or the installation of an approved outlet filter device, where the
drainfield is not disturbed, shall not be considered a repair. Replacement of a broken lid to any tank shall not be considered a
repair. Splicing a drip emitter line where no emitter is eliminated shall not be considered a repair.
(48) Septage – as defined by Section 381.0065(2), F.S. Excluded from this definition are the contents of portable toilets,
holding tanks, and grease interceptors.
(49) Septic tank – a watertight receptacle constructed to promote separation of solid and liquid components of wastewater,
to provide limited digestion of organic matter, to store solids, and to allow clarified liquid to discharge for further treatment and
disposal into a drainfield.
(50) Spoil material – any part of the existing drainfield, any adjacent soil material within 24 inches vertically and 12 inches
horizontally of the drainfield, and any soil that has visible signs of effluent that has been removed as part of a repair,
modification or abandonment of an onsite sewage treatment and disposal system.
(51) Standard subsurface drainfield system – an onsite sewage treatment and disposal system drainfield consisting of a
distribution box or header pipe and a drain trench or absorption bed with all portions of the drainfield sidewalls installed below
the elevation of undisturbed native soil (see Figure 3).
(52) Subdivision – as defined by Section 381.0065(2), F.S.

(53) Surface water bodies – are classified as.
(a) Permanent nontidal surface water body – as defined by Section 381.0065(2), F.S.
(b) Tidally influenced surface water body-as defined by Section 381.0065(2), F.S.
(54) Swale – a manmade, vegetatively-stabilized trench which contains contiguous areas of standing or flowing water for
less than 72 hours following a rainfall event. A swale has a top width-to-depth ratio of the cross-section equal to or greater than
6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical.
(55) Temporary – a single period or an accumulation of periods not exceeding 120 total days in any 365-day period.
(56) Toxic or hazardous chemical – as defined by Section 381.0065(2)(p), F.S.
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(57) Undisturbed native soil – soil which has been deposited onto a site by the actions of nature and which has not been
disturbed or altered by the activities of man.
(58) Water table elevation – the upper surface of the groundwater or that level below which the soil or underlying rock
material is wholly saturated with water. Water table elevation is measured from the soil surface downward to the upper level of
saturated soil or up to the free water level.
(59) Wettest season – that period of time each year in which the ground water table elevation can normally be expected to
be at its highest elevation.
Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a) FS. Law Implemented 381.0065, 381.00655 FS. History–New 12-22-
82, Amended 2-5-85, Formerly 10D-6.42, Amended 3-17-92, 1-3-95, Formerly 10D-6.042, Amended 11-19-97, 3-22-00, 11-26-
06.
64E-6.003 Permits.
(1) System Construction Permit – No portion of an onsite sewage treatment and disposal system shall be installed,
repaired, altered, modified, abandoned or replaced until a construction permit has been issued on Form DH 4016, 08/09,
Construction Permit, herein incorporated by reference. If building construction has commenced, the system construction permit
shall be valid for an additional 90 days beyond the eighteen month expiration date. A fee shall not be charged for a repair
permit issued within 12 months from the date of final authorization of the onsite sewage treatment and disposal system. If a
construction or repair permit for an onsite sewage treatment and disposal system is transferred to another person the date of the
construction or repair permit shall not be amended, but shall run from the date of original issuance prior to the transfer.
Servicing or replacing with like kind mechanical or electrical parts of an approved onsite sewage treatment and disposal
system; pumping of septage from a system; or making minor structural corrections to a tank, or distribution box, does not
constitute a repair.
(2) System Inspection – Before covering with earth and before placing a system into service, a person installing or
constructing any portion of an onsite sewage treatment and disposal system shall notify the county health department of the
completion of the construction activities and shall have the system inspected by the department for compliance with the
requirements of this chapter, except as noted in subsection 64E-6.003(3), F.A.C., for repair installations.
(a) If the system construction is approved after an inspection by the DOH county health department, the department shall
issue a “Construction Approval” notice to the installer.
(b) If the system installation does not pass the construction inspection on any type of system installation, the installer shall
make all required corrections and notify the DOH county health department of the completion of the work prior to reinspection
of the system. A reinspection fee shall be charged to the installer for each additional inspection leading up to construction
approval.
(c) Final installation approval shall not be granted until the DOH county health department has confirmed that all
requirements of this chapter, including building construction and lot grading are in compliance with plans and specifications
submitted with the permit application.
1. In addition, if the system was designed by an engineer, who shall be licensed in the State of Florida, the DOH county
health department shall require the design engineer or the design engineer’s designee, who shall be a licensed engineer, to
certify that the installed system complies with the approved design and installation requirements. Single family residences are
excluded from this requirement, however, all changes to the engineering specifications shall be approved by the design
engineer.
2. If additional site visits after the construction approval inspection are necessary to establish the compliance of the
building construction and lot grading, or to establish the compliance with any provision of this chapter, a reinspection fee shall
be charged to the permit applicant for each inspection of the building and site leading to the final installation approval.
3. If an operating permit is required for the onsite sewage treatment and disposal system, final installation approval shall
not be granted until the operating permit application and fee have been received by the Department.
(d) Where an establishment is serviced by an onsite sewage treatment and disposal system, Section 381.0065(4), F.S., shall
govern when occupancy of a building can be allowed. “Approved” installation does not imply that a system will perform
satisfactorily for a specific period of time.
(e) Systems which are required to have an annual or biennial operating permit and the structures which they serve shall be
inspected by the department at least once per year during the term of the permit to determine compliance with the terms of the
operating permit.
(3) Repair Inspections – A system repair shall be inspected by the department or a master septic tank contractor to
determine compliance with construction permit standards prior to final covering of the system. Inspections shall comply with
subsection 64E-6.003(2), F.A.C., and the following:
(a) A master septic tank contractor may, at their option, cover a system repair when the following conditions are met:
1. The master septic tank contractor has requested an inspection from the department during the normal duty day before
the date and time the repair will be ready for inspection. Inspections must be scheduled during normal inspection hours and in
conjunction with the inspection schedule of the county health department having jurisdiction.
2. At the date and time specified for inspection, the department is not on site to conduct an inspection within 30 minutes of
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the scheduled time. If the department is on site to conduct the inspection and the system is not ready for inspection within 30
minutes after the scheduled time, a reinspection shall be requested. A reinspection fee shall be charged. Contractors shall
cancel or reschedule inspections not later than two hours prior to the scheduled time. In such cases, no reinspection fee shall be
charged.
3. The master septic tank contractor is physically on site and conducts the inspection.
(b) The master septic tank contractor shall document the inspection on page 3 ofForm DH 4016, and fax or hand deliver
the form to the department by the next normal duty day following the inspection.
(c) A master septic tank contractor shall not cover a system repair when the department has performed an inspection and
has notified the contractor of violations. Any system that has been inspected by the department and found to be in violation of
construction standards of this rule, must receive a reinspection from the department before the system may be covered. A
reinspection fee shall be charged for each reinspection leading to final approval.
(d) The department shall issue a “final approval” of the system repair based on the master septic tank contractor’s
inspection.
(e) Nothing herein prevents the department from inspecting a system inspected by a master septic tank contractor. No
inspection is final until approved by the department.
(4) Voiding a permit – After an onsite sewage treatment and disposal system has received final installation approval from
the department, if the building is modified in such a way that a larger system would be required, if any portion of the required
drainfield unobstructed area is covered by impervious material, if the property is subdivided into a smaller lot or lots whereby
the permitted system would not have been originally approved, if a well is installed on the property which violates the setbacks
to the approved system, or if the system is improperly modified or damaged, the department shall undertake administrative
action to revoke the permit. The department shall prohibit the further or continued use of a system when the permit has become
void by injunction or other procedure authorized by law.
(5) Operating permits – No business or facility shall occupy a building served by an onsite sewage treatment and disposal
system if the building is located in an area zoned or used for industrial or manufacturing purposes or its equivalent; or where a
business will generate commercial sewage waste; and no structure shall be occupied where an aerobic treatment unit or
performance-based treatment system is used, until an “Application for Onsite Sewage Treatment and Disposal System
Operating Permit” has been received and approved by the department. Form DH 4081, 10/96 “Application for Onsite Sewage
Treatment and Disposal System Operating Permit,” is herein incorporated by reference.
(a) Property owners or their authorized agents are required to obtain an annual operating permit for systems located in an
area zoned or used for industrial or manufacturing purposes or its equivalent or where a business will generate commercial
sewage waste. The permit shall designate the person or entity responsible for the operation and maintenance of the system; the
type of activity proposed on the site; persons or businesses which will use the system; equipment and types and quantities of
chemical compounds which will be used by the building occupants which are likely to be discharged into the onsite sewage
treatment and disposal system. At a minimum, the owner or person responsible for maintenance of the system shall test, or
cause to be tested, the onsite sewage treatment and disposal system effluent in a qualitative and quantitative manner for any
chemical compounds associated with the particular industrial or manufacturing operations conducted in that establishment, as
directed by the county health department. The frequency of testing shall be specified on the annual operating permit.
(b) Operating permits are not transferable. If the owner of the system remains the same but the tenancy of the building
changes, a Business Survey, Form DH 4081A, 10/96, herein incorporated by reference, must be completed and submitted to
the DOH county health department for review. Changes in building occupancy shall be reviewed per Section 381.0065(4), F.S.
(c) Maintenance entities contracting to service aerobic treatment systems and performance-based treatment systems shall
obtain a biennial operating permit from the DOH county health department for the system. Persons operating an aerobic
treatment unit or performance-based treatment system shall permit department personnel right of entry to the property during
normal working hours to allow for effluent sampling or evaluating the general state of repair or function of the system. Persons
required to obtain an annual operating permit for an onsite sewage treatment and disposal system in an industrial or
manufacturing zone or its equivalent, or where the system receives commercial sewage, shall not be required to obtain another
operating permit for an aerobic treatment unit or performance-based treatment system at that site. Performance-based treatment
systems that also include an aerobic treatment unit require only one biennial operating permit for the system.
(6) Expired Permits - Any new construction or modification permit issued by the department with an expiration date of
September 1, 2008, through December 31, 2009, that has received construction approval but not final approval may be
approved provided all of the following conditions are met:
1. The applicant or agent provides a written statement that there have been no changes in application or site conditions
from the original permit. The statement must specifically address any changes on adjacent lots. If there are any changes a site
re-evaluation is required.
2. Fees for a new construction permit and the research surcharge are paid. A site re-evaluation fee is paid, if applicable. A
new permit shall be issued under the rules under which the original permit was issued.
3. A final system inspection is performed showing compliance with all rules under which the construction approval was
granted. If applicable, a system re-inspection fee is paid.
Rulemaking Authority 381.0065(3)(a), 489.553(3), 489.557(1) FS. Law Implemented 381.0065, 381.0067, 386.041 FS.
History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.43, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-
6.043, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06, 6-25-09, 4-1-10, 4-28-10.
64E-6.004 Application for System Construction Permit.

(1) No person shall cause or allow construction of a system without first applying for and obtaining a construction permit.
Form DH 4015 shall be used for recording permit application information.
(2) An application shall be completed in full, signed by the owner or the owner’s authorized representative, or a contractor
8
licensed in accordance with Chapter 489, F.S., and shall be accompanied by all required exhibits and fees. If the owner of a
property uses an authorized representative to obtain a new system construction permit, a signed statement from the owner of
the property assigning authority for the representative to act on the owner’s behalf shall accompany the application. This
statement shall include specific information allowing the representative to act on the owner’s behalf in all aspects of an
application for an onsite sewage treatment and disposal system.
(3) The suitability of a lot, property, subdivision or building for the use of an onsite sewage treatment and disposal system
shall be determined from an evaluation of lot size, anticipated sewage flow into the proposed system, the anticipated sewage
waste strength, soil and water table conditions, soil drainage and site topography and other related criteria. Necessary site
investigations and tests shall be performed at the expense of the owner by either an engineer with soils training who is licensed
in the State of Florida pursuant to Chapter 471, F.S., by department personnel, registered septic tank contractors, master septic
tank contractors, professional soil scientists certified and registered by the Florida Association of Environmental Soil
Scientists, and persons certified under Section 381.0101, F.S. Registered septic tank contractors shall perform site evaluations
for system repairs only. When determining that the necessary site investigations and tests be performed by an engineer licensed
in the State of Florida, the county health department must consider the criteria listed in subsection 64E-6.004(4), F.A.C.
Results of site investigations shall be entered on, or attached to, the construction permit application form for consideration by
the county health department. Site evaluations shall occur not earlier than 180 days prior to the date the department receives the
permit application. Site evaluations remain valid for the life of the permit. The application shall also include the following data:
(a) A plan or plat of the lot or total site ownership. The site plan shall be drawn to scale and shall be for the property where
the system is to be installed.
1. The site plan shall show boundaries with dimensions and any of the following features that exist or that are proposed:
a. Structures;
b. Swimming pools;
c. Recorded easements;
d. Onsite sewage treatment and disposal system components;
e. Slope of the property;
f. Wells;
g. Potable and non-potable water lines and valves;
h. Drainage features;
i. Filled areas;
j. Excavated areas for onsite sewage systems;
k. Obstructed areas;
l. Surface water bodies; and
m. Location of the reference point for system elevation.
2. If the county health department is responsible for performing the site evaluation, the applicant or applicant’s authorized
representative shall indicate the approximate location of wells, onsite sewage treatment and disposal systems, surface water
bodies and other pertinent facilities or features on contiguous or adjacent property. If the features are within 75 feet of the
applicant lot, the estimated distance to the feature must be shown but need not be drawn to scale.
3. If the county health department will not be performing the site evaluation, the applicant or authorized agent shall be
responsible for the measurements to all features, including the pertinent features within 75 feet of the applicant lot. The
location of any public drinking water well, as defined in paragraph 64E-6.002(44)(b), F.A.C., within 200 feet of the applicant’s
lot shall also be shown, with the distance indicated from the system to the well.
4. If an individual lot is five acres or greater, the applicant may draw a minimum one acre parcel to scale showing all
required features, or the minimum size drawing necessary to properly exhibit all required features, whichever is larger. The
applicant must also show the location of that one acre or larger parcel inside the total site ownership.
5. All information that is necessary to determine the total sewage flow and proper setbacks on the site ownership shall be
submitted with the application. The applicant lot shall be clearly identified. A copy of the legal description or survey must
accompany the application for confirmation of property dimensions only.
(b) For residences, a floor plan drawn to scale or showing the total building area of the structure, at the applicants’ option,
and showing the number of bedrooms and the building area of each dwelling unit. Non-residential establishments shall submit
a floor plan drawn to scale showing the square footage of the establishment, all plumbing drains and fixture types, and any
other features necessary to determine the composition and quantity of wastewater to be generated. Plumbing fixtures located at
a non-residential establishment shall be included on the floor plan, but need not be drawn to scale.
(c) At least two soil profile descriptions within the proposed system soil absorption area to a minimum depth of 6 feet or to
refusal, for which the minimum information provided is the upper and lower horizon boundaries, Munsell color of the horizon
and its components and USDA soil texture; using USDA Soil Classification methodology as described in Chapter 3 of the Soil
Survey Manual, United States Department of Agriculture, Handbook No. 18, October 1993, herein incorporated by reference.
At a minimum, a soil profile shall be provided at the beginning and end of the proposed drainfield site. Where the replacement
of severely limited soil is proposed, soil profiles shall be performed to a minimum depth of 6 feet or to the depth of the slightly
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or moderately limited soil layer lying below the replaced layer, whichever is greater. The evaluator shall document the
locations of all soil profiles on the site plan.
(d) Water table elevations which exist at the time of the site evaluation and estimated water table elevation during the
wettest season of the year. Water table elevations shall be established from a benchmark or other fixed point of reference
located on the property or within reasonable proximity to it. The existing property elevation at the site of each soil profile must
also be recorded relative to the benchmark or fixed point of reference.
(e) Subdivisions platted and recorded or unrecorded prior to January 1, 1972, will be considered on the basis of an
evaluation of soil characteristics, water table elevations, history of flooding and records of service of existing installations in
the same general area.
(f) A Coastal Construction Control Line Permit or an exemption notice from the Department of Environmental Protection
if any component of the onsite sewage treatment and disposal system or the shoulders or slopes of the system mound will be
seaward of the Coastal Construction Control Line, established under Section 161.053, F.S. Should the location of the proposed
onsite system relative to the control line not be able to be definitively determined based on the site plan and the online products
available on the DEP website, the applicant shall provide a survey prepared by a certified professional surveyor and mapper
showing the location of the control line on the subject property.
(4) All plans and forms submitted by a licensed engineer shall be dated, signed and sealed. Except as provided for in
subsection 64E-6.003(2), F.A.C., the DOH county health department shall require the design engineer to certify that the
installed system complies with the approved design and installation requirements. Under the following circumstances, the
DOH county health department shall require for review and approval, the submission of detailed system construction plans
prepared by an engineer who is licensed in the State of Florida:
(a) Systems serving establishments with proposed domestic sewage flow rates of 2500 or more gallons per day.
(b) Systems serving establishments with proposed commercial sewage flow rates of 1000 or more gallons per day.
(c) Systems where the total required drainfield area is 1500 square feet or greater.
(d) The applicant proposes to split the flow from any residence or establishment in a method other than that provided for by
rule.
(e) The repair or modification of an engineer-designed system that meets these criteria for requiring an engineered design
and that alters the original engineered design.
(f) All performance based treatment systems.
(g) All innovative systems.
(h) All sites where the seasonal high water table has or will be altered by physical or mechanical means.
(i) All sites requiring engineer designs as a condition of a variance or waiver approval.
(j) All drip irrigation systems.
(5) The applicant shall be the permit holder and shall be held responsible for all information supplied to the department.
The signed application, site evaluation, and system design plans when required, serve as the basis by which the department
determines the issuance of a construction permit. In the event of a change in any information given in the application which
served as basis for issuing a construction permit, the permit holder will immediately file an amended application detailing such
changed conditions. If the new conditions are determined to be in compliance with the standards in this chapter, the
construction permit shall be amended. If the new conditions are determined to be in non-compliance with the standards of this
chapter, the permit shall be revoked subject to the provisions of Chapter 120, F.S. A system construction permit application
shall be valid for one year. If a permit has not been issued to the applicant within one year from the date of application, then the
department shall review the construction permit application for accuracy at no charge prior to issuance of a permit. The
applicant shall supply a statement that the information contained in the application has not changed, or shall amend the
application. If a site visit is necessary as part of the review, then a re-evaluation fee shall be charged. If the rules under which
the application was accepted have changed, and an onsite sewage treatment and disposal system construction permit has not
been issued, a new permit application shall be required.
(6) Requests for variance shall be made on Form DH 4057, 08/09, Application for Variance from Chapter 64E-6, FAC,
herein incorporated by reference.
(7) Where a property owner proposes to build or has built multiple residences or multiple businesses on a single lot, and
the entire area of the lot is required to accommodate the designed sewage flow from the multiple residences or multiple
businesses to the onsite sewage treatment and disposal system, the property owner must submit, prior to issuance of a
construction permit, a written utility easement which has been executed and recorded in the public property records at the
county courthouse. The utility easement must bind the property together so that the original lot size is retained for purposes of
compliance with all the requirements of Chapter 64E-6, F.A.C., and must include provisions for maintaining the onsite sewage
treatment and disposal system. For example, a duplex built on a single lot with a single onsite sewage treatment and disposal
system serving both halves of the duplex must have a written utility easement executed and recorded in the public property
records before an onsite sewage treatment and disposal system construction permit is issued. In order to obtain a repair permit,
the property owner must submit a copy of the recorded utility easement demonstrating the retention of the original lot size for
purposes of the onsite sewage treatment and disposal system and a method for maintaining the system. For example, each half
of a duplex built on a single lot with a single onsite sewage treatment and disposal system serving both halves of the duplex is
10
sold to separate persons. If, when the onsite sewage treatment disposal system fails, and a written utility easement was not
executed and recorded in the public property records before the sales, it must be done before an onsite sewage treatment and
disposal system repair permit is issued.
(a) Where a property owner proposes to build or has built a single residence or a single business or multiple residences or
businesses on multiple lots, and the residence’s or business’s authorized sewage flow requires the use of multiple lots, or parts
thereof, for the onsite sewage treatment and disposal system, the property owner must submit, prior to issuance of a permit, a
written utility easement executed and recorded in the public property records at the county courthouse. The utility easement
must bind the required property together so that the original lots and their collective size, or part thereof, is retained for
purposes of the onsite sewage treatment and disposal system, and must include provisions for maintaining the onsite sewage
treatment and disposal system. For example, a residence or business built on three lots with a sewage flow which is large
enough to require the land from all three lots must have a written utility easement executed and recorded in the public property
records before an onsite sewage treatment and disposal system construction permit may be issued. In order to obtain a repair
permit, the property owner must submit a copy of the recorded utility easement demonstrating the retention of the original lots
and their collective size for purposes of the onsite sewage treatment and disposal system and a method for maintaining the
system.
(b) Where a property owner, through inadvertent error or mistake, has built multiple residences or multiple businesses on a
series of lots and each residence or business has its own onsite sewage treatment and disposal system or the sewage flow from
the residence or business exceeds the allowable limits established for the area of land upon which the residence or business is
located, the property owner must execute and record in the public property records, a written utility easement, for the
remaining undeveloped lots in the subdivision, which informs the public of the amount of sewage flow which will be generated
or the number of onsite sewage treatment and disposal systems which will be installed in that subdivision. It must also state
that when the maximum amount of sewage flow or maximum number of onsite sewage treatment and disposal systems has
been reached for the subdivision, no further development can occur until sewer is available.
(8) Innovative Systems or new product approval for onsite sewage treatment and disposal systems shall be initiated by
submittal of an application for permit using Form DH 3143, Jan. 94, hereby incorporated by reference. DOH county health
departments are authorized to issue installation permits upon receipt of the temporary permit. Form DH 3144, Jan 94, and Form
DH 3145, Jan 94, hereby incorporated by reference, shall be used to record information that describes notification requirements
between the temporary permit applicant, the DOH county health department, and the State Health Office. These forms are to be
processed by the DOH county health departments.
Rulemaking Authority 381.0065(3)(a), 489.553(3) FS. Law Implemented 381.0065, 489.553 FS. History–New 12-22-82,
Amended 2-5-85, Formerly 10D-6.44, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.044, Amended 11-19-97,
3-22-00, 11-26-06, 6-25-09, 4-28-10.
64E-6.005 Location and Installation.

All systems shall be located and installed so that with proper maintenance the systems function in a sanitary manner, do not
create sanitary nuisances or health hazards and do not endanger the safety of any domestic water supply, groundwater or
surface water. Sewage waste and effluent from onsite sewage treatment and disposal systems shall not be discharged onto the
ground surface or directly or indirectly discharged into ditches, drainage structures, groundwaters, surface waters, or aquifers.
To prevent such discharge or health hazards:
(1) Systems and septage stabilization facilities established after the effective date of the rule shall be placed no closer than
the minimum distances indicated for the following:
(a) Seventy-five feet from a private potable well as defined in paragraph 64E-6.002(44)(a), F.A.C., or a multi-family water
well as defined in paragraph 64E-6.002(44)(c), F.A.C.
(b) One-hundred feet from a public drinking water well as defined in paragraph 64E-6.002(44)(b), F.A.C., if such a well
serves a facility with an estimated sewage flow of 2000 gallons or less per day.
(c) Two-hundred feet from a public drinking water well as defined in paragraph 64E-6.002(44)(b), F.A.C., if such a well
serves a facility with an estimated sewage flow of more than 2000 gallons per day.
(d) Fifty feet from a non-potable water well as defined in subsection 64E-6.002(39), F.A.C.
(e) Ten feet from any storm sewer pipe, to the maximum extent possible, but in no instance shall the setback be less than 5
feet.
(f) Fifteen feet from the design high-water line of retention areas, detention areas, or swales designed to contain standing
or flowing water for less than 72 hours after a rainfall or the design high-water level of normally dry drainage ditches or
normally dry individual-lot stormwater retention areas.
(2) Systems shall not be located under buildings or within 5 feet of building foundations, including pilings for elevated
structures, or within 5 feet of mobile home walls, swimming pool walls, or within 5 feet of property lines except where
property lines abut utility easements which do not contain underground utilities, or where recorded easements are specifically
11
provided for the installation of systems for service to more than one lot or property owner.
(a) Sidewalks, decks and patios shall not be subject to the 5 foot setback, however, drainfields shall not be installed
beneath such structures. Any tank located beneath a driveway shall have traffic lids as specified in paragraph 64E-6.013(1)(f),
F.A.C. Concrete structures which are intended to be placed over a septic tank shall have a barrier of soil or plastic material
placed between the structure and the tank so as to preclude adhesion of the structure to the tank.
(b) Systems shall not be located within 10 feet of water storage tanks in contact with the ground or potable water lines
unless such lines are sealed with a water proof sealant within a sleeve of similar material pipe to a distance of at least 10 feet
from the nearest portion of the system or the water lines themselves consist of schedule 40 PCV or stronger. In no case shall
the water line be located within 24 inches of the onsite sewage treatment and disposal system. Potable water lines within 5 feet
of the drainfield shall not be located at an elevation lower than the drainfield absorption surface. Non-potable water lines shall
not be located within 24 inches of the system without backflow devices per Sections 381.0065(2)(l)1. and 2., F.S., being
installed on the water line to preclude contamination of the water system.
(c) Systems shall be setback a minimum of 15 feet from groundwater interceptor drains.
(3) Except for the provisions of Section 381.0065(4)(g)1. and 2., F.S., systems and septage stabilization facilities shall not
be located laterally within 75 feet of the boundries of surface water bodies. Systems and septage stabilization facilities shall be
located a minimum of 15 feet from the design high water line of a swale, retention or detention area designed to contain
standing or flowing water for less than 72 hours after a rainfall, or the design high water level of normally dry drainage ditches
or normally dry individual lot storm water retention areas.
(4) Suitable, unobstructed land shall be available for the installation and proper functioning of the system. The minimum
unobstructed area shall:
(a) Be at least 1.5 times as large as the drainfield absorption area required by rule. For example, if a 200 square feet
drainfield is required, the total unobstructed area required, inclusive of the 200 square feet drainfield area, would be 300 square
feet. Unobstructed soil area between drain trenches shall be included in the unobstructed area calculation.
(b) Be contiguous to the drainfield.
(c) Be in addition to the setbacks required in subsections (1), (2), and (3) above.
(5) Onsite sewage treatment and disposal systems if installed in fill material, the fill shall be required to settle for a period
of at least 6 months, or has been compacted to a density comparable to the surrounding natural soil. The fill material shall be of
a suitable, slightly limited soil material.
(6) To prevent soil smear and excessive soil compaction, drainfields shall not be installed in soils with textures finer than
sand, loamy sand, or sandy loam when the soil moisture content is above the point at which the soil changes from semi-solid to
plastic.
(7) Onsite sewage treatment and disposal systems shall be installed where a sewerage system is not available and when
conditions in Sections 381.0065(4)(a)-(g), F.S., are met. Onsite graywater tank and drainfield systems may, at the
homeowners’ discretion, be utilized provided blackwater is disposed into a sanitary sewerage system when such sewerage
system is available. Graywater systems may, at the homeowners’ discretion, be utilized in conjunction with an onsite
blackwater system where a sewerage system is not available for blackwater disposal.
(a) The minimum area of each lot under Section 381.0065(4)(a), F.S., shall consist of at least 1/2 acre (21,780 square feet)
exclusive of all paved areas and prepared road beds within public rights-of-way or easements and exclusive of surface water
bodies.
(b) The determination of lot densities under Section 381.0065(4)(b), F.S., shall be made on the basis of the net acreage of
the subdivision which shall exclude from the gross acreage all paved areas and prepared road beds within public or private
rights-of-way or easements and shall also exclude surface water bodies.
(c) Maximum daily sewage flow allowances specified in Sections 381.0065(4)(a), (b) and (g), F.S., shall be calculated on
an individual lot by lot basis. The acreage or fraction of an acre of each lot or parcel of land shall be determined and this value
shall be multiplied by 2500 gallons per acre per day if a public drinking water well serving a public system as defined in
subparagraphs 64E-6.002(44)(b)1., 2., or 3., F.A.C., is utilized, or be multiplied by 1500 gallons per acre per day if a public
drinking water well serving a public water system as defined in subparagraph 64E-6.002(44)(b)4., F.A.C., or a private potable
well or cistern is utilized. Contiguous unpaved and non-compacted road rights-of-way, and easements with no subsurface
obstructions that would affect the operation of drainfield systems, shall be included in total lot size calculations. Where an
unobstructed easement is contiguous to two or more lots, each lot shall receive its pro rata share of the area contained in the
easement. Surface water bodies shall not be included in total lot size calculations. subsection 64E-6.008(1), F.A.C., Table I,
shall be used for determining estimated average daily sewage flows.
(d) Platted residential lots shall be subject to the requirements set forth in subsections 381.0065(4)(g)1. and 2., F.S.
(e) When portions of a lot or lots which were platted prior to January 1, 1972 are combined in such a manner that will
decrease the total density of the subdivision, pre-1972 lot provisions shall apply. However, the maximum setback possible to
surface water bodies shall be maintained with a minimum setback of 50 feet.
(8) Notwithstanding the requirements of this section, where an effluent transmission line consists of schedule 40 PVC, the
transmission line shall be set back from private potable wells, irrigation wells or surface water bodies by not less than 25 feet
12
when installed. Effluent transmission lines constructed of schedule 40 PVC shall be set back from property lines and building
foundations by not less than 2 feet. Schedule 40 PVC effluent transmission lines shall be set back from potable water lines and
storm water lines by no less than 5 feet unless all portions of the potable water line or storm water line within 5 feet of the
effluent transmission line are:
(a) A minimum of 12 inches above the top of the effluent transmission line; and,
(b) Sealed with a waterproof sealant within a sleeve of schedule 40 PVC or stronger pipe or the water line itself consists of
schedule 40 PVC or stronger pipe.
(9) Onsite sewage treatment and disposal systems for estimated establishment domestic sewage flows exceeding 5000
gallons per day but not exceeding 10,000 gallons per day shall be located and installed under the following conditions.
(a) The average estimated daily sewage flow from the establishment shall be divided by the net land area associated with
the establishment. The resulting number shall not exceed 2500 gallons per acre per day for establishments which use a water
supply as defined in subparagraphs 64E-6.002(44)(b)1., 2. and 3, F.A.C.
(b) No more than 5000 gallons of wastewater shall be discharged into any single onsite sewage treatment and disposal
system serving the establishment.
Rulemaking Authority 381.0065(3)(a), 489.553, 489.557(1) FS. Law Implemented 381.0065, 489.553 FS. History–New 12-22-
82, Amended 2-5-85, Formerly 10D-6.46, Amended 3-17-92, 1-3-95, Formerly 10D-6.046, Amended 11-19-97, 2-3-98, 3-22-
00, 5-24-04, 6-25-09.
64E-6.006 Site Evaluation Criteria.

Onsite sewage treatment and disposal systems may be utilized where lot sizes are in compliance with requirements of
subsection 64E-6.005(7), F.A.C., and all of the following criteria are met:
(1) The effective soil depth throughout the drainfield installation site extends 42 inches or more below the bottom surface
of the drainfield. Paragraphs (a), (b) and (c) list soil texture classes with their respective limitation ratings.
(a) Coarse sand not associated with an estimated wet season high water table within 48 inches below the absorption
surface, sand, fine sand, loamy coarse sand, coarse sandy loam, loamy sand, and sandy loam are considered to be slightly
limited soil materials.
(b) Very fine sand, loamy fine sand, loamy very fine sand, silt loam, silt, loam, fine sandy loam, very fine sandy loam,
sandy clay loam, clay loam, silty clay loam, sandy clay and silty clay soil are considered to be moderately limited soil materials
and are subject to evaluation with other influencing factors and local conditions.
(c) Clay, bedrock, oolitic limestone, fractured rock, hardpan, organic soil, gravel and coarse sand, when coarse sand is
associated with an estimated wet season high water table within 48 inches of the absorption surface are severely limited soil
materials. If severely limited soil material can be replaced with slightly limited soil material, see Footnotes 3 and 4 of Table III
for minimum requirements. Where limestone is found to be discontinuous along the horizontal plane and is dispersed among
slightly or moderately limited soils, the Department Policy for Drainfield Sizing in Areas With Discontinuous Limestone,
August 1999, herein incorporated by reference, shall be used.
(2) The water table elevation at the wettest season of the year is at least 24 inches below the bottom surface of the
drainfield. In addition, systems shall not be located where the undrained, naturally occurring wet season water table elevation
in the area of the proposed system installation is determined to be at or above the elevation of the existing ground surface.
However, when sufficient slightly limited fill material is permitted to be placed on the property to construct a properly
designed onsite sewage treatment and disposal system, the department shall authorize construction based on the final lot
elevation. This provision does not authorize a property owner to fill or modify the site without first obtaining necessary permits
for site preparation work from other agencies of government having jurisdiction. The following information shall be used in
determining the wet season water table elevation:
(a) U.S. Department of Agriculture Soil Conservation Service soils maps and soil interpretation records.
(b) Evaluation of soil color and the presence or absence of mottling.
(c) Evaluation of impermeable or semi-permeable soil layers.
(d) Evaluation of onsite vegetation.
(e) An onsite evaluation of the property which has used the above referenced sources of information and which has
considered the season of the year when the evaluation was performed, historic weather patterns, and recent rainfall events.
(3) Setbacks in subsections 64E-6.005(1), (2), (3) and (4), F.A.C., are met.
(4) The site of the installation and the additional required unobstructed land referred to in subsection 64E-6.005(4), F.A.C.,
shall not be covered with asphalt or concrete, or be subject to vehicular traffic or other activity as defined in subsection 64E-
6.002(41), F.A.C., which would adversely affect the soil, or the operation of the system.
(5) The site of the installation and the additional required unobstructed land referred to in subsection 64E-6.005(4), F.A.C.,
is not subject to saturation from sources such as artificial drainage of ground surfaces, driveways, roads or roof drains.
(6) The existing lot elevation at the site of the proposed system installation and any contiguous land referred to in
subsection 64E-6.005(4), F.A.C., shall not be subject to frequent flooding. Except for areas affected by Section 381.0065(4)(t),
F.S., fill material, if permitted, shall be placed in the area for the system and contiguous unobstructed area to raise the lot
13
elevation above the 2 year flood.
Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a) FS. Law Implemented 381.0065, 381.00655 FS. History–New 12-22-
82, Amended 2-5-85, Formerly 10D-6.47, Amended 3-17-92, 4-16-92, 1-3-95, Formerly 10D-6.047, Amended 3-22-00, 11-26-
06.
64E-6.008 System Size Determinations.

(1) Minimum design flows for systems serving any structure, building or group of buildings shall be based on the
estimated daily sewage flow as determined from Table I or the following:
(a) The DOH county health department shall accept, for other than residences and food operations, metered water use data
in lieu of the estimated sewage flows set forth in Table I. For metered flow consideration, the applicant shall provide
authenticated monthly water use data documenting water consumption for the most recent 12 month period for at least six
similar establishments. Similar establishments are those like size operations engaged in the same type of business or service,
which are located in the same type of geographic environment, and which have approximately the same operating hours.
Metered flow values will not be considered to be a reliable indicator of typical water use where one or more of the
establishments utilized in the sample has exceeded the monthly flow average for all six establishments by more than 25 percent
or where the different establishments demonstrate wide variations in monthly flow totals. When metered flow data is accepted
in lieu of estimated flows found in Table I, the highest flow which occurred in any month for any of the six similar
establishments shall be used for system sizing purposes. Except for food operations which exceed domestic sewage waste
quality parameters as defined in subsection 64E-6.002(15), F.A.C., where an existing establishment which has been in
continuous operation for the previous 24 months seeks to utilize its own metered flows, the applicant shall provide
authenticated monthly water use data documenting water consumption for the most recent 24 month period. The highest
monthly metered flow value for an existing establishment shall be used for system sizing purposes.
(b) When onsite systems use multiple strategies to reduce the total estimated sewage flow or the drainfield size, only one
reduction method shall be credited.
TABLE I
For System Design
ESTIMATED SEWAGE FLOWS
TYPE OF GALLONS
ESTABLISHMENT PER DAY
COMMERCIAL:
Airports, bus terminals, train stations, port & dock facilities,
Bathroom waste only
(a) Per passenger………………………………………………………………………………………….. 4
(b) Add per employee per 8 hour shift…………………………………………………………………….15
Barber & beauty shops per service chair……………………………………………………………………… 75
Bowling alley bathroom waste only
Per lane…………………………………………………………………...………………………………. 50
Country club
(a) Per resident……………………………………………………………………………………………. 100
(b) Add per member or patron……………………………………………………………………………. 25
(c) Add per employee per 8 hour shift……………………………………………………………………. 15
Doctor and Dentist offices
(a) Per practitioner………………………………………………………………………………………... 250
(b) Add per employee per 8 hour shift…………………………………………………………….………15
Factories, exclusive of industrial wastes
gallons per employee per 8 hour shift
(a) No showers provided……………………………………………………………………………...…... 15
(b) Showers provided……………………………………………………………………………………... 25
Flea Market open 3 or less days per week
(a) Per non-food service vendor space…………………………………………………………………….15
(b) Add per food service establishment
using single service articles only per
100 Square feet of floor space……………………………………………………………………………. 50
(c) Per limited food service establishment………………………………………………………………...25
(d) For flea markets open more than
14
3 days per week estimated flows
shall be doubled
Food operations
(a) Restaurant operating 16 hours or less
per day per seat……………………………………………………………………..…………………….. 40
(b) Restaurant operating more than 16 hours
per day per seat…………………………………………………………………………………………… 60
(c) Restaurant using single service articles only
and operating 16 hours or less per day
per seat……………………………………………………………………………………………………. 20
(d) Restaurant using single service articles only
and operating more than 16 hours per day
per seat……………………………………………………………………………………………………. 35
(e) Bar and cocktail lounge per seat……………………………………………………………………… 20
add per pool table or video game…………………………………………………………………………. 15
(f) Drive-in restaurant per car space……………………………………………………………………… 50
(g) Carry out only, including caterers
1. Per 100 square feet of floor space………………………………………………………………………50
2. Add per employee per 8 hour shift…………………………………………………………………….. 15
(h) Institutions per meal…………………………………………………………………………………... 5
(i) Food Outlets excluding delis,
bakery, or meat department
per 100 square feet of floor space………………………………………………………………………… 10
1. Add for deli per 100 square feet of deli
floor space…………………………………………………………………………………………………40
2. Add for bakery per 100 square feet of bakery
floor space……………………………………………………………..………………………………….. 40
3. Add for meat department per
100 square feet of meat
department floor space………………………………………………………………………………..…... 75
4. Add per water closet…………………………………………………………………………………… 200
Hotels & motels
(a) Regular per room………………………………………………………………………………………100
(b) Resort hotels, camps, cottages
per room………………………………………………………………………...………………………… 200
(c) Add for establishments with self service
laundry facilities per machine………………………….…………………………………………………. 750
Mobile Home Park
(a) Per single wide mobile home
space, less than 4 single wide
spaces connected to a shared
onsite system……………………………………………….……………………………………………...250
(b) Per single wide mobile home
space, 4 or more single
wide spaces are connected to a
shared onsite system……………………………………………………………………............................ 225
(c) Per double wide mobile home
space, less than 4 double wide
mobile home spaces connected to a
shared onsite system……………………………….……………………………………………………... 300
(d) Per double wide mobile home space,
4 or more double wide mobile home
spaces connected to a shared
onsite system……………………………………….……………………………………………………...275
Office building
per employee per 8 hour shift or………………………………………………………………………….. 15
per 100 square feet of floor space, whichever is greater………..………………………………………... 15
Transient Recreational Vehicle Park
15
(a) Recreational vehicle space for
overnight stay, without water
and sewer hookup per vehicle space…………………………..…………………………………………. 50
(b) Recreational vehicle space for
overnight stay, with water and sewer
hookup per vehicle space…………………………………………………………………………………. 75
Service stations per water closet
(a) Open 16 hours per day or less………………………………………………………………………… 250
(b) Open more than 16 hours per day…………………………………………………………………….. 325
Shopping centers without food or laundry
per square foot of floor space…………………………………………………………………………….. 0.1
Stadiums, race tracks, ball parks per seat……………………………………………………………………... 4
Stores per bathroom…………………………………………………………………………………………… 200
Swimming and bathing facilities, public
per person………………………………………………………………………………………………….10
Theatres and Auditoriums, per seat…………………………………………………………………………… 4
Veterinary Clinic
(a) Per practitioner………………………………………………………………………………………... 250
(b) Add per employee per 8 hour shift…………………………………………………………………….15
(c) Add per kennel, stall or cage………………………………………………………………………….. 20
Warehouse
(a) Add per employee per 8 hour shift……………………………………………………………………. 15
(b) Add per loading bay…………………………………………………………………………………... 100
(c) Self-storage, per unit (up to 200 units)………………………………………………………………... 1
add 1 gallon for each 2 units or fraction thereof, for over 200 units, and
shall be in addition to employees, offices or living quarters flow rates.
INSTITUTIONAL:
Churches per seat which includes kitchen
wastewater flows unless meals prepared
on a routine basis…………………………………………………………………………………………. 3
If meals served on a regular basis add
per meal prepared……………………..………………………………………………………………….. 5
Hospitals per bed which does not include
kitchen wastewater flows………………………………………………………………………………….200
add per meal prepared……………………………………………………………………………………..5
Nursing, rest homes, adult congregate living
facilities per bed which does not
include kitchen wastewater flows………………………………………………………………………… 100
Parks, public picnic
(a) With toilets only per person…………………………………………………………………………... 4
(b) With bathhouse, showers & toilets
per person………………………………………….……………………………………………………... 10
Public institutions other than schools and
hospitals per person which does not
include kitchen wastewater flows………………………………………………………………………… 100
Schools per student
(a) Day-type………………………………………………………………………………………………. 10
(b) Add for showers………………………………………………………………………………………. 4
(c) Add for cafeteria……………………………………………………………………………………….4
(d) Add for day school workers…………………………………………………………………………... 15
(e) Boarding-type…………………………………………………………………………………………. 75
Work/construction camps, semi-permanent
per worker……………………………………………………...…………………………………………. 50
RESIDENTIAL:
Residences
(a) Single or multiple family per dwelling
16
Unit
1 Bedroom with 750 sq. ft. or less of building area………………………………………………………. 100
2 Bedrooms with 751-1200 sq. ft. of building area………………………………………………………. 200
3 Bedrooms with 1201-2250 sq. ft. of building area……………………………………………………... 300
4 Bedrooms with 2251-3300 sq. ft. of building area……………………………………………………... 400
For each additional bedroom or each additional 750 square feet of building area or fraction
thereof in a dwelling unit, system sizing shall be increased by 100 gallons per dwelling unit.
(b) Other per occupant……………………………………………………………………………………. 50
Footnotes to Table I:
1. For food operations, kitchen wastewater flows shall normally be calculated as 66 percent of the total establishment
wastewater flow.
2. Systems serving high volume establishments, such as restaurants, convenience stores and service stations located near
interstate type highways and similar high-traffic areas, require special sizing consideration due to expected above average
sewage volume. Minimum estimated flows for these facilities shall be 3.0 times the volumes determined from the Table I
figures.
3. For residences, the volume of wastewater shall be calculated as 50 percent blackwater and 50 percent graywater.
4. Where the number of bedrooms indicated on the floor plan and the corresponding building area of a dwelling unit in
Table I do not coincide, the criteria which will result in the greatest estimated sewage flow shall apply.
5. Convenience store estimated sewage flows shall be determined by adding flows for food outlets and service stations as
appropriate to the products and services offered.
6. Estimated flows for residential systems assumes a maximum occupancy of two persons per bedroom. Where residential
care facilities will house more than two persons in any bedroom, estimated flows shall be increased by 50 gallons per each
additional occupant.
(2) Minimum effective septic tank capacity and total dosing tank capacity shall be determined from Table II. However,
where multiple family dwelling units are jointly connected to a septic tank system, minimum effective septic tank capacities
specified in the table shall be increased 75 gallons for each dwelling unit connected to the system. With the exception noted in
paragraph 64E-6.013(2)(a), F.A.C., all septic tanks shall be multiple chambered or shall be placed in series to achieve the
required effective capacity. The use of an approved outlet filter device shall be required. Outlet filters shall be installed within
or following the last septic tank or septic tank compartment before distribution to the drainfield. The outlet filter device
requirement includes blackwater tanks, but does not include graywater tanks or grease interceptors or laundry tanks. Outlet
filter devices shall be placed to allow accessibility for routine maintenance. Utilization and sizing of outlet filter devices shall
be in accordance with the manufacturers’ recommendations. The approved outlet filter device shall be installed in accordance
with the manufacturers’ recommendations. The Bureau of Onsite Sewage Programs shall approve outlet filter devices per the
department’s Policy on Approval Standards For Onsite Sewage Treatment And Disposal Systems Outlet Filter Devices,
November 2008, which is herein incorporated by reference.
TABLE II
SEPTIC TANK AND PUMP TANK CAPACITY
AVERAGE SEPTIC TANK PUMP TANK

SEWAGE MINIMUM EFFECTIVE CAPACITY MINIMUM TOTAL CAPACITY
FLOW GALLONS GALLONS
GALLONS/DAY Residential Commercial
0-200 900 150 225
201-300 900 225 375
301-400 1050 300 450
401-500 1200 375 600
501-600 1350 450 600
601-700 1500 525 750
701-800 1650 600 900
801-1000 1900 750 1050
1001-1250 2200 900 1200
1251-1750 2700 1350 1900
17
1751-2500 3200 1650 2700
2501-3000 3700 1900 3000
3001-3500 4300 2200 3000
3501-4000 4800 2700 3000
4001-4500 5300 2700 3000
4501-5000 5800 3000 3000
(3) Where a separate graywater tank and drainfield system is used, the minimum effective capacity of the graywater tank
shall be 250 gallons with such system receiving not more than 75 gallons of flow per day. For graywater systems receiving
flows greater than 75 gallons per day, minimum effective tank capacity shall be based on the average daily sewage flow plus
200 gallons for sludge storage. Design requirements for graywater tanks are described in subsection 64E-6.013(2), F.A.C.
Where separate graywater and blackwater systems are utilized, the size of the blackwater system can be reduced, but in no case
shall the blackwater system be reduced by more than 25 percent. However, the minimum capacity for septic tanks disposing of
blackwater shall be 900 gallons.
(4) Where building codes allow separation of discharge pipes of the residence to separate stubouts and where lot sizes and
setbacks allow system construction, the applicant may request a separate laundry waste tank and drainfield system. Where an
aerobic treatment unit is used, all blackwater, graywater and laundry waste flows shall be consolidated and treated by the
aerobic treatment unit. Where a residential laundry waste tank and drainfield system is used:
(a) The minimum laundry waste trench drainfield absorption area for slightly limited soil shall be 75 square feet for a one
or two bedroom residence with an additional 25 square feet for each additional bedroom. If an absorption bed drainfield is used
the minimum drainfield area shall be 100 square feet with an additional 50 square feet for each additional bedroom over two
bedrooms. The DOH county health department shall require additional drainfield area based on moderately limited soils and
other site specific conditions, which shall not exceed twice the required amount of drainfield for a slightly limited soil.
(b) The laundry waste interceptor shall meet requirements of subsections 64E-6.013(2) and (8), F.A.C.
(c) The drainfield absorption area serving the remaining wastewater fixtures in the residence shall be reduced by 25
percent.
(5) The minimum absorption area for standard subsurface drainfield systems, graywater drainfield systems, and filled
systems shall be based on estimated sewage flows and Table III so long as estimated sewage flows are 200 gallons per day or
higher. When estimated sewage flows are less than 200 gallons per day, system size shall be based on a minimum of 200
gallons per day.
TABLE III
For Sizing of Drainfields Other Than Mounds
U.S. DEPARTMENT SOIL TEXTURE MAXIMUM SEWAGE
OF AGRICULTURE LIMITATION LOADING RATE
SOIL TEXTURE (PERCOLATION RATE) TO TRENCH & BED
CLASSIFICATION ABSORPTION SURFACE IN
GALLONS PER SQUARE
FOOT PER DAY
TRENCH BED
Sand; Coarse Sand not Slightly limited 0.80 0.60
associated with a (Less than 2
seasonal water table Min/inch)
of less than 48 inches;
and Loamy Coarse Sand
Loamy Sand; Sandy Loam; Slightly limited 0.80 0.60

Coarse Sandy Loam; (2-4 min/inch)
and Fine Sand
Loam; Fine Sandy Loam; Moderately limited 0.65 0.35

Silt Loam; Very Fine (5-10 min/inch)
Sand; Very Fine Sandy
Loam; Loamy Fine Sand;
Loamy Very Fine Sand;
and Sandy Clay Loam
Clay Loam; Silty Clay Moderately limited 0.35 0.20
Loam; Sandy Clay; (Greater than 15
18
Silty Clay; and Silt Min/inch but not
exceeding 30 min/inch)
Clay; Severely limited Unsatisfactory for

Organic Soils; (Greater than 30 standard subsurface
Hardpan; and Bedrock Min/inch) System
Coarse Sand with Severely limited Unsatisfactory for

an estimated wet season (Less than 1 standard subsurface
High water table within Min/inch and a System
48 inches of the bottom Water table less
of the proposed than 4 feet below
drainfield; Gravel or The drainfield)
Fractured Rock or
Oolitic Limestone
Footnotes to Table III:

1. U.S. Department of Agriculture major soil textural classification groupings and methods of field identification are
explained in Rule 64E-6.016, F.A.C. Laboratory sieve analysis of soil samples may be necessary to confirm field evaluation of
specific soil textural classifications. The USDA Soil Conservation Service “Soil Textural Triangle” shall be used to classify
soil groupings based on the proportion of sand, silt and clay size particles.
2. The permeability or percolation rate of a soil within a specific textural classification may be affected by such factors as
soil structure, cementation and mineralogy. Where a percolation rate is determined using the falling head percolation test
procedure described in the United States Environmental Protection Agency Design Manual for Onsite Wastewater Treatment
and Disposal Systems, October, 1980, incorporated by reference into this rule, the calculated percolation test rate shall be used
with Table III and evaluated by the DOH county health department with other factors such as history of performance of
systems in the area in determining the minimum sizing for the drainfield area.
3. When all other site conditions are favorable, horizons or strata of moderately or severely limited soil may be replaced
with slightly limited soil or soil of the same texture as the satisfactory slightly limited permeable layer lying below the replaced
layer. The slightly limited permeable layer below the replaced layer shall be identified within the soil profile which was
submitted as part of the permit application. The resulting soil profile must show complete removal of the moderately or
severely limited soil layer being replaced and must be satisfactory to a minimum depth of 54 inches beneath the bottom surface
of the proposed drainfield. The width of the replacement area shall be at least 2 feet wider and longer than the drain trench and
for absorption beds shall include an area at least 2 feet wider and longer than the proposed bed. Drainfields shall be centered in
the replaced area. Where at least 33 percent of the moderately limited soils at depths greater than 54 inches below the bottom of
the drainfield have been removed to the depth of slightly limited soil, drainfield sizing shall be based on the following sewage
loading rates. Where severely limited soils are being removed at depths greater than 54 inches below the bottom of the
drainfield, 100 percent of the severely limited soils at depths greater than 54 inches shall be removed down to the depth of an
underlying slightly limited soil. Maximum sewage loading rates for standard subsurface systems installed in replacement areas
shall be 0.80 gallons per square foot per day for trench systems and 0.60 gallons per square foot per day for absorption beds in
slightly limited soil textures. Where moderately limited soil materials are found beneath the proposed drainfield, and where
system sizing is based on that moderately limited soil, soil replacements of less than 33% may be permitted.
4. Where coarse sand, gravel, or oolitic limestone directly underlies the drainfield area, the site shall be approved provided
a minimum depth of 42 inches of the rapidly percolating soil beneath the bottom absorption surface of the drainfield and a
minimum 12 inches of rapidly percolating soil contiguous to the drainfield sidewall absorption surfaces, is replaced with
slightly limited soil material. Where such replacement method is utilized, the drainfield size shall be determined using a
maximum sewage application rate of 0.80 gallons per square foot per day of drainfield in trenches and 0.60 gallon per square
foot per day for drainfield absorption beds.
5. Where more than one soil texture classification is encountered within a soil profile and it is not removed as part of a
replacement, drainfield sizing for standard subsurface drainfield systems and fill drainfield systems shall be based on the most
restrictive soil texture encountered within 24 inches of the bottom of the drainfield absorption surface.
Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065 FS. History–New 12-22-82, Amended 2-5-85, Formerly
10D-6.48, Amended 3-17-92, 1-3-95, Formerly 10D-6.048, Amended 11-19-97, 3-22-00, 9-5-00, 11-26-06, 6-25-09.
19
64E-6.009 Alternative Systems.
When approved by the DOH county health department, alternative systems may, at the discretion of the applicant, be utilized in
circumstances where standard subsurface systems are not suitable or where alternative systems are more feasible. Unless
otherwise noted, all rules pertaining to siting, construction, and maintenance of standard subsurface systems shall apply to
alternative systems. In addition, the DOH county health department may, using the criteria in subsection 64E-6.004(4), F.A.C.,
require the submission of plans prepared by an engineer licensed in the State of Florida, prior to considering the use of any
alternative system.
(1) Waterless, incinerating or organic waste composting toilets – may be approved for use if found in compliance with
standards for Wastewater Recycle/Reuse and Water Conservation Systems as defined by ANSI/NSF International Standard
Number 41, revised May 1983, hereby incorporated by reference, and provided that graywater and any other liquid and solid
waste is properly collected and disposed of in accordance with standards established in this chapter. For residences, the
required drainfield absorption surface and unobstructed area of the system treating the remaining sewage flow shall be reduced
by 25% when waterless, incinerating or organic waste composting toilets are used exclusively for all toilet wastes. Solids
removed from waterless, incinerating or organic waste composting toilets shall be mixed with lime, containerized, and
disposed of with the solid waste from the establishment. Liquids discharging from waterless, incinerating or organic waste
composting toilets shall be plumbed into the onsite system serving the establishment.
(2) Sanitary pit privy – shall not be permitted except at remote locations where electrical service is unavailable. In no case
shall such installations be permitted for permanent residences.
(3) Mound systems – are used to overcome certain limiting site conditions such as an elevated seasonal high water table,
shallow permeable soil overlying slowly permeable soil and shallow permeable soil located over creviced or porous bedrock.
Special installation instructions or design techniques to suit a particular site shall, using the criteria in subsection 64E-6.004(4),
F.A.C., be specified on the construction permit in addition to the following general requirements.
(a) Site preparation must render the site in compliance with requirements of subsections 64E-6.006(1)-(6), F.A.C.
(b) Prior to the construction of a mound system, the applicant may fill all or a portion of a lot utilizing slightly limited soil.
(c) The O horizon of original topsoil and vegetation must be removed from beneath the drainfield, shoulder and slope area
and the exposed underlying soil plowed or roughened to prevent formation of an impervious barrier between the fill and natural
soil. Moderately limited soil material may be used in the construction of mound systems, but shall only be used in the
construction of mound slopes and the soil cap. If moderately or severely limited soil is to be replaced beneath the mound, Rule
64E-6.008, F.A.C., Table III, footnote 3. shall be followed.
(d) Where the soil material underlying a mound system is of a similar textural material as that used in system construction,
the mound drainfield size shall be based on estimated sewage flows as specified in Rule 64E-6.008, F.A.C., Table I and upon
the quality of fill material utilized in the mound system. When estimated sewage flows are calculated to be less than 200
gallons per day, specifications for system design shall be based on a minimum flow of 200 gallons per day. Maximum sewage
loading rates for soils used in mound construction shall be in compliance with the following:
Fill Material Maximum Sewage Loading Rate to Mound Maximum Sewage Loading Rate to
Drain Trench Bottom Surface in gallons Mound Absorption Bed Bottom Surface
per square foot per day in gallons per square foot per day
Sand; Coarse Sand; 0.80 0.60
and Loamy Coarse Sand
Fine Sand 0.80 0.60
Sandy Loam; 0.65 0.40
Coarse Sandy Loam;
and Loamy Sand
Fine Sandy Loam; Very 0.35 0.25
Fine Sand; Loamy Fine Sand;
and Loamy Very Fine Sand
(e) Where moderately limited soils underlie the mound within 36 inches of the bottom of the drainfield, drainfield sizing
shall be based on the most restrictive soil texture existing in the profile to a depth of 36 inches below the bottom of the
drainfield, using Table III for soil loading rates.
(f) There shall be a minimum 4 feet separation between the shoulder of the fill and the nearest trench or absorption bed
sidewall. Where a portion of the mound slope will be placed adjacent to building foundations, pilings or supports for elevated
structures, mobile home walls, swimming pool walls, retaining walls, or similar obstructions there shall be a minimum 5 foot
separation between the sidewall of the absorption area and the obstruction. Such obstructions shall impact the slope on no more
than 50 percent of the shoulder perimeter. Retaining walls must be designed by a professional engineer licensed in the State of
Florida to withstand the lateral earth forces under saturated conditions and to prevent seepage. Where mounds are placed on
slopes exceeding 2 percent, the toe of the slope on the downslope side of the mound shall extend an additional 4 inches for
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each additional 1 percent of slope. To taper the maximum elevation of the mound at the outer perimeter of the shoulder down
to the toe of the slope, additional moderately or slightly limited fill shall be placed at a minimum 2 foot horizontal to 1 foot
vertical grade where mound height does not exceed 36 inches. Mound heights which exceed 36 inches shall have a slope not
steeper than 3 foot horizontal to 1 foot vertical. The entire mound including slopes, shoulders and the soil cap shall be
stabilized with vegetation. Slopes steeper than 5:1 shall be sodded or hydroseeded. Soil caps and unsodded slopes must, at a
minimum, be hydroseeded or seeded with grass and a layer of hay or similar cover. Where fill material is present in the amount
so as to provide a level surface from the top of the required cover over the system over the area where the slopes would
normally be located, no slopes shall be required. For example, if the neighboring lot has been permanently filled to the same
level as the applicant’s lot, a five-foot separation from the property line to the system will be required, as opposed to requiring
the slope area. Stabilization of a mound shall be the responsibility of the septic tank contractor who constructed the mound
system unless the written agreement for system construction clearly states the system owner is responsible. Mound slopes
which do not conform to permit requirements shall at a minimum be restored to permit specifications prior to stabilizing. Other
synthetic or vegetative covers providing protection from mound erosion equal to or better than sod shall be approved by the
State Health Office. Final installation approval shall not be granted until sodding, hydroseeding, seeding and haying or other
approved stabilization of the mound has occurred. No portion of the drainfield or shoulder area shall be covered with asphalt or
a concrete driveway or be subject to vehicular traffic. Landscaping features such as boulders or trees which obstruct drainfield
or fill shoulder area shall not be used. Hydroseeding shall be performed in accordance with the product manufacturer’s
instructions and Section 7.5, Permanent Seeding, of the Florida Erosion and Sedimentation Control Inspector’s Manual, July
2008, herein incorporated by reference.
(g) There shall be a soil cap of slightly or moderately limited soil material over the drainfield and shoulder area. The soil
cap shall be no less than 6 inches thick at the outer perimeter of the shoulder. Additional soil cap material shall be placed over
the mound and graded to provide drainage off and away from the mound. The maximum depth from the bottom of the
drainfield to the finished ground surface shall not exceed 30 inches after natural settling.
(h) The site shall be landscaped according to permit specifications and shall be protected from automotive traffic or other
activity that could damage the system. Swales or other surface drainage structures shall be utilized to prevent water shed from
mounds draining onto neighboring property.
(i) All fill material used in the construction of systems shall be free of extraneous non-soil material such as grass, roots and
any other debris. Shell fragments less than 2.0 mm in diameter are excluded from the classification of extraneous non-soil
materials and are considered to be soil particles. Severely limited soil material shall not be used in system construction. Fill
material consisting of mechanically crushed and sieved rock shall not be used in system construction.
(j) Where moderately limited soil is used to construct a mound system, a low pressure distribution network is required.
(4) Filled systems – filled systems shall be constructed in accordance with the minimum requirements for mounds, except
as provided for in footnote 5., Table III, and that sewage loading rates to trench or absorption bed bottom areas shall be based
on values found in Table III.
(5) Drip irrigation systems – Drip irrigation systems may, at the option of the applicant, be used in lieu of a mineral
aggregate drainfield. Drip irrigation systems shall meet all requirements of this chapter except as noted below.
(a) Drip irrigation systems shall receive effluent from an approved aerobic treatment unit or a performance based treatment
system designed to meet at least secondary treatment standards for CBOD5 and TSS, and shall meet the following
requirements:
1. Drip irrigation systems shall be designed by an engineer licensed in the State of Florida.
2. The infiltrative area required shall be the same as the area required for a mineral aggregate drainfield with reductions
allowed for the reduction of CBOD5 and TSS as noted in this chapter for aerobic treatment units.
3. In an absorption bed configuration, the drainfield area shall be calculated as extending one foot beyond the sides of the
outermost emitter lines. Notwithstanding the provision of paragraph 64E-6.014(5)(b), F.A.C., the individual bed size limitation
of 1500 square feet does not apply to drip emitter systems.
4. In a trench containing a single emitter line, the drainfield area shall be calculated as 2 feet multiplied by the emitter
spacing in feet multiplied by the number of emitters.
5. Drip effluent disposal systems shall be considered pressure distribution systems. Head loss calculations shall be
provided to insure proper hydraulic pressure at the emitter. Pump selection shall be indicated in the design specifications. Pump
performance curves shall be included in the permit application.
6. Recirculation rates shall be in the design specifications.
7. Check valves, petcocks, inline filters, and vacuum breaking device locations shall be shown on the design drawings.
8. Drip irrigation systems shall be time-dosed over the 24-hour period. Demand control dosing shall override timed-dosing
in periods of flow where timed dosing cannot accommodate the excessive flow.
9. Emitter lines shall be designed as a continuous loop circuit with no dead-ends.
10. Emitter lines shall be drawn to scale and emitter spacing shall be indicated on the drawings.
11. Vacuum release valves shall be installed at the highpoint of the emitter lines.
12. The maximum emitter longitudinal spacing on an emitter line shall be 2 feet. The maximum spacing between adjacent
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emitter lines in an absorption bed configuration shall be 2 feet. The 24-inch separation from the seasonal high water table shall
be measured from the emitter orifice. Setbacks shall be measured from the drip emitter lines.
13. The setback from drip emitter lines to building foundations and property lines shall be no less than two feet.
14. The definition of a filled system in Rule 64E-6.002, F.A.C., is not applicable to drip effluent disposal systems. A drip
effluent disposal system is considered to be a mound system when any part of the bottom surface of any drip emitter line is
located at or above the elevation of undisturbed native soil in the drainfield area. A drip effluent disposal system is considered
a standard subsurface drainfield system when the entire bottom surface of every drip emitter line is installed below the
elevation of undisturbed native soil in the drainfield area.
15. For mound systems there shall be a minimum 18-inch separation between the shoulder of the fill and the nearest drip
emitter line. Mound system slopes shall be in accordance with paragraph 64E-6.009(3)(f), F.A.C. , except that a minimum 2
foot separation is required between the nearest drip emitter line and a building foundation, retaining wall, or similar
obstruction. Mound systems shall be stabilized in accordance with paragraph 64E-6.009(3)(f), F.A.C.
16. For standard subsurface systems, the elevation of any fill covering the drainfield shall extend no less than 18 inches
away from all emitter lines before tapering down to natural grade.
17. Minimum cover on the emitter lines shall be 6 inches for all drip irrigation systems. The maximum cover for all drip
irrigation systems shall be no greater than 12 inches.
18. The system shall include a petcock on the dosing pump discharge line for effluent sampling.
19. All systems shall incorporate an automatic mechanism for backwashing or flushing the drip lines and filters.
20. All onsite sewage treatment and disposal systems that include a drip effluent disposal system and aerobic treatment
unit shall have a biennial operating permit, a maintenance contract with an approved aerobic treatment system maintenance
entity, and shall be inspected in accordance with the requirements of this chapter.
21. Drip irrigation systems shall be designed to have a minimum operating pressure at the emitter head of 10 PSI, a
maximum operating pressure at the emitter head of 45 PSI, a maximum system operating pressure of 60 PSI, and a maximum
discharge rate per emitter of 1.5 gallons per hour.
22. The hydraulic surge storage requirement of Rule 64E-6.028, F.A.C., does not apply to drip irrigation systems.
23. Drip irrigation systems shall only use components approved by the Bureau of Onsite Sewage Programs.
24. Unobstructed area for drip irrigation systems may be located anywhere on the establishment property that meets the
setbacks for unobstructed area and can be accessed via transmission lines, supply lines and return lines installed in accordance
with this chapter. The land containing only transmission lines, supply lines and return lines shall not be included in the
calculation of unobstructed area.
25. Supply lines and return lines shall be considered as transmission lines for determining setbacks not specified in this
section.
26. Except for slopes required to meet the stabilization requirements of paragraph 64E-6.009(3)(f), F.A.C., the area over
the drip irrigation drainfield shall be vegetated with plant species specified by the design engineer. The species specified shall
not include trees.
(b) Drip irrigation systems shall be monitored during required maintenance visits by visual inspection of the ground
surface above the emitter lines for evidence of soil saturation at the ground surface.
(6) Tire chip aggregate systems – tire chip aggregate may be used as a substitute for mineral aggregate in onsite sewage
treatment and disposal system drainfields under the following conditions:
(a) The tire chips meet the specifications for mineral aggregate found in this chapter: Mixed tire and mineral aggregate
shall be approved where each type of aggregate meets its’ respective standard and the combined mixture meets the gradation
requirements in paragraph 64E-6.014(5)(c), F.A.C.
(b) Exposed wire protrudes no more than one-half (1/2) inch from 90% of the chips.
(c) At least 80% of the bead wire has been removed from the tires to be chipped.
(d) The system receives domestic wastewater only.
(e) Tire chip aggregate shall not be used where the seasonal high water table is less than 12 inches below the bottom of the
drainfield at the wettest season of the year.
(f) In all other respects tire chip aggregates and mixed tire-mineral aggregates shall be installed with identical site
restrictions and construction requirements as approved mineral aggregates.
(7) Alternative system component and design approval – After innovative system testing is completed, requests for
approval of system components and designs which are not specifically addressed in this chapter shall be submitted to the
department’s Bureau of Onsite Sewage Programs.
(a) Requests for alternative system component material and design approval shall include:
1. Detailed system design and construction plans by an engineer licensed in the State of Florida;
2. Certification of the performance capabilities of the product submitted by an engineer licensed in the State of Florida;
3. Research supporting the proposed system materials;
4. Empirical data showing results of innovative system testing in the State of Florida; and
5. A design, installation and maintenance manual showing how to design and install the system in accordance with this
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chapter for standard, filled, mounded, gravity-fed, dosed, bed and trench configurations.
(b) In addition to those items listed in paragraph 64E-6.009(7)(a), F.A.C., manufacturers of drip effluent disposal system
distribution lines, emitters, and components shall apply for and obtain approval from the Bureau of Onsite Sewage Programs
for specific model numbers or part numbers prior to inclusion of the components on any site specific permit application.
Manufacturer’s of drip effluent disposal system components shall provide design and installation manuals for engineering and
construction guidance. Design manuals shall include tables that detail flow rates vs. pressure and pressure loss per length(s) of
distribution pipe.
(c) The detailed plans and information submitted with the approval request shall be reviewed by the department onsite
sewage program to determine whether or not there is a reasonable certainty of the effectiveness and reliability of the proposed
alternative system component. If the department is not satisfied that the information provided provides reasonable evidence of
the effectiveness and reliability of the alternative system component and designs, the department shall deny the approval.
Department approval of any alternative system component does not guarantee or imply that any individual system installation
will perform satisfactorily for a specific period of time. Upon department approval of the material and design, the manufacturer
shall list the department approval date in the installation and design manual. Proposals to amend the approved installation and
design manual shall be submitted to the bureau for approval. The date of amendment approval shall be included in the manual.
(d) Except as provided for in Part IV of this chapter, alternative drainfield materials and designs shall not be approved
which would result in a reduction in drainfield size using the mineral aggregate drainfield system as described in Rule 64E-
6.014, F.A.C., and the total surface area of soil at the bottom of the drainfield as the criteria for drainfield sizing comparisons.
Alternative system component and design approvals shall not be granted for the following items:
1. Those which, in whole or in part, are used to achieve a more advanced level of treatment than the baseline treatment
level specified in part IV of this chapter;
2. Aerobic treatment units;
3. Septic tank designs, filters, seals, and sealants;
4. Additives;
5. Header and drainfield pipe, including their layout; and
6. Water table separation and setback requirements.
(e) Unless determined unnecessary or impractical by the Department at the time of component approval, effective January
1, 2010, all components shall be labeled with the name of the manufacturer and the model identification of the component. The
design, installation and maintenance manual shall show the location of the label and shall include an illustration of a typical
label. The label shall be in a location where it will be visible or easily exposed at the time of system inspection. All identifying
marks shall be inscribed or affixed at the point of manufacture.
(8) Other alternative systems – systems such as low pressure distribution networks, small diameter gravity sewers, low
pressure sewer systems, alternating absorption fields, and sand filters designed and submitted by an engineer who is licensed in
the State of Florida, meeting the general requirements of this chapter, shall be approved by the DOH county health department
where evidence exists that use of such systems will not create sanitary nuisance conditions, health hazards or pollute receiving
waters. Use of an alternative system may require the establishment of procedures for routine maintenance, operational
surveillance, and environmental monitoring to assure the system continues to function properly.
(9) Use of a system to serve more than one residence or commercial building under separate ownership and when located
on separate lots shall require the establishment of a local sewer district, maintenance franchise, or other legally binding
arrangement for the operation and maintenance of such system.
10D-6.49, Amended 3-17-92, 1-3-95, Formerly 10D-6.049, Amended 11-19-97, 2-3-98, 3-22-00, 4-21-02, 6-18-03, 11-26-06,
6-25-09.
64E-6.010 Septage and Food Establishment Sludge.

(1) No septic tank, grease interceptor, privy, or other receptacle associated with an onsite sewage treatment and disposal
system shall be cleaned or have its contents removed until the service person has obtained an annual written permit (Form DH
4013, 01/92, Operating Permit, herein incorporated by reference) from the DOH county health department in the county in
which the service company is located. Permits issued under this section authorize the disposal service to handle liquid waste
associated with food operations, domestic waste, or domestic septage. Such authorization applies to all septage produced in the
State of Florida, and food establishment sludge which is collected for disposal from onsite sewage treatment and disposal
systems.
(2) Application for a service permit shall be made to the DOH county health department on Form DH 4012, 01/92,
“Application for Septage Disposal Service Permit, Temporary System Service Permit, Septage Treatment and Disposal
Facility, Septic Tank Manufacturing Approval” herein incorporated by reference. The following must be provided for the
evaluation prior to issuance of a service permit:
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(a) Evidence that the applicant possesses adequate equipment such as a tank truck with a liquid capacity of at least 1500
gallons, pumps, off truck stabilization tanks and pH testing equipment where lime stabilization and land application are
proposed, as well as other appurtenances and tools necessary to perform the work intended. Equipment may be placed into
service only after it has been inspected and approved by the DOH county health department. Tanks used for the stabilization
and storage of septage and food service sludges shall be constructed, sized, and operated in accordance with the following
provisions:
1. Stabilization tanks and septage storage tanks shall be constructed of concrete, fiberglass, corrosion-resistant steel, or
other equally durable material. Tanks shall be watertight and shall be water tested for leaks prior to placing into service. The
tank shall have a liquid capacity of at least 3000 gallons.
2. Construction of concrete tanks shall be at a minimum equal to that required of concrete septic tanks in Rule 64E-6.013,
F.A.C. Fiberglass tanks and tanks of similar materials shall be constructed in accordance with standards found in Rule 64E-
6.013, F.A.C.
3. Stabilization tanks shall contain aeration or mixing devices which will ensure thorough agitation or mixing of lime with
the waste as specified in Chapter 6, EPA 625/1-79-011, Process Design Manual for Septage Treatment and Disposal, herein
incorporated by reference.
(b) The proposed disposal method and the site to be used for disposing of onsite sewage treatment and disposal system
septage.
(c) The contractor registration number and certificate of authorization number, if applicable.
(3) When a permit is issued, the number of said permit along with the name of the company, its phone number, and the
gallon capacity of the waste storage tank shall be prominently and permanently displayed on the service truck in contrasting
colors with 3 inch or larger letters. Use of removable magnetic signs shall not be considered permanent display of vehicle
identification information. A septage disposal service permit shall be suspended, revoked or denied by the department in
accordance with Chapter 120, F.S., for failure to comply with requirements of this chapter.
(4) After septage or food establishment sludge is removed from an onsite sewage treatment and disposal system, the
original lid of the tank shall be put back in place, or be replaced with a new lid if the original lid is broken. The tank lid shall be
completely sealed and secured as per paragraph 64E-6.013(2)(i), F.A.C., and the ground backfilled and compacted so that the
site is left in a nuisance free condition.
(a) Contents of any treatment tank, including all chambers of a multichambered tank, or pump tank shall be removed in
their entirety when pumped. Where in the opinion of the person pumping any onsite sewage treatment and disposal system
waste receptacle or pump tank, the complete removal of all tank contents may create an unintended problem in regards to the
continued use of the system, a complete pumpout is not required. The pumper must document, in writing, to the system owner
the reason for the partial pumpout, the gallonage pumped from the system, and what material was left in the tank.
(b) The access to pump a tank must be through the lid of the tank, through the manhole or by moving a sectional lid.
Where the tank is chambered, separate chambers must be accessed through the manholes or sectional lid for the chamber being
pumped. Pumping shall not be accomplished by entering the tank through inlets or outlets. Where the lid of the tank must be
broken in order to gain access for the removal of tank contents, or at anytime when the lid is broken, the lid shall be replaced.
(5) Untreated food establishment sludges, and septage shall be transported to an approved treatment facility in such a
manner as to preclude leakage, spillage or the creation of a sanitary nuisance.
(6) Treated septage and sludges shall be transported to the disposal site in such a manner so as to preclude leakage, spillage
or the creation of a sanitary nuisance.
(7) The food establishment sludge and contents from onsite waste disposal systems shall be disposed of at a site approved
by the DOH county health department and by an approved disposal method. Untreated domestic septage or food establishment
sludges shall not be applied to the land. Criteria for approved stabilization methods and the subsequent land application of
domestic septage or other domestic onsite wastewater sludges shall be in accordance with the following criteria for land
application and disposal of domestic septage.
(a) Land application of domestic septage and sludges shall be permitted provided such septage and sludges have been
properly treated by an approved septage-stabilization process, including lime stabilization, and an application using Form DH
4012 has been completed as part of the permitting process. Prior to discharge of septage or food establishment sludge into a
stabilization tank, the septage or sludge shall be screened in a pretreatment tank or chamber which contains a final screening
method using bar screens having a maximum gap of 1/2 inch or rock screens or other similar mesh material having a maximum
3/4 inch opening. Material retained in the screening process shall be limed, containerized, and disposed of at an approved solid
waste disposal facility. Septage or sludge shall pass from the pretreatment tank or chamber to the stabilization tank. Lime
stabilization of septage shall be in accordance with processes and designs described in Chapter 6, EPA 625/1-79-011, Process
Design Manual for Sludge Treatment and Disposal, hereby incorporated by reference. Facilities approved for septage treatment
under this rule shall not receive and treat more than 20,000 gallons of septage or combined septage, grease interceptor, portable
restroom or other receptacle waste associated with an onsite sewage treatment and disposal system on any one day and shall
not exceed a monthly average of 10,000 gallons of septage or septage and combined domestic waste per day. Stabilization by
lime shall raise the pH of the septage to a level of 12 for a minimum of two hours or to a level of at least 12.5 for a minimum of
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30 minutes to be deemed sufficient. The pH of the stabilized septage shall be maintained at a level of at least 11 until actual
land application, but shall not be landspread until the pH of the stabilized septage has fallen below 12.5. To check the pH of the
stabilized septage, a sampling port having an internal diameter of no less than 1/2 inch and no more than 3/4 inch and located
no more than 60 inches above the ground surface shall be used to allow sampling of waste tank contents. Lime purchase
receipts shall be kept at the place of business for a minimum of 6 months.
1. Use on playgrounds, parks, golf courses, lawns, hospital grounds, or other unrestricted public access areas where
frequent human contact is likely to occur is prohibited.
2. Application is limited to sod farms, pasture lands, forests, highway shoulders and medians, plant nursery use, land
reclamation projects and soils used for growing human food chain crops. Application methods shall be conducted in a manner
which will disperse the treated septage uniformly over the land application site.
a. Pasture vegetation on which stabilized septage or sludge has been applied shall not be cut for hay or silage nor grazed
for a period of 30 days from the last application.
b. No human food chain crops except hay, silage, or orchard crops shall be harvested from a land application area for a
period of 60 days following the last application of septage or sludges.
c. Domestic septage or sludge shall not be used for the growing or cultivation of tobacco, root crops, leafy vegetables, or
vegetables to be eaten raw. Vegetables and fruits which come in contact with the ground surface shall not be grown on land
used for septage application for a period of 18 months after the last application of septage or sludge.
d. When applied to unvegetated soils, stabilized domestic septage or sludge shall be incorporated into the soil within 48
hours of application.
(b) No land application of stabilized septage or food service sludge may occur until:
1. The site has been inspected and approved by department personnel.
2. The site evaluation fee has been submitted.
3. An Agricultural Use Plan, Form DH 4012A, 08/09, herein incorporated by reference, has been completed for the
proposed application site.
a. Agricultural use plans shall describe the manner in which treated domestic septage and sludges are to be used as part of
a planned agricultural operation. Methods of application, proposed crops and their fertilizer needs, vegetative types proposed,
erosion management, access control for humans and animals, and anticipated harvesting periods shall be included.
b. Agricultural use plans shall include information on the soil and geologic conditions at the disposal site which could limit
the areas available for land application.
4. The plan has been submitted for review and approval to the DOH county health department having jurisdiction.
5. The DOH county health department has granted approval to use the site.
(c) No person shall dispose of domestic septage or sludge by land application unless they have complied with approved
treatment and disposal methods described in Rule 64E-6.010, F.A.C. Lime stabilization in the tank of a septage hauling vehicle
or in the tank of an onsite sewage treatment and disposal system is not an approved septage treatment method.
(d) Land application of septage shall occur only in accordance with paragraph 64E-6.010(7)(a), F.A.C., unless prohibited
by the DOH county health department due to a brief condition which creates a potential for a sanitary nuisance as exemplified
in paragraph 64E-6.010(7)(l), F.A.C.
(e) All septage and food establishment sludge haulers regulated by Chapter 64E-6, F.A.C., are to maintain a collection and
hauling log at the treatment site or at the main business location which provides the information listed below. Records shall be
retained for five (5) years.
1. Date of septage or waste collection;
2. Address of collection;
3. Indicate whether the point of collection is a residence or business and if a business, the type of business;
4. Estimated volume, in gallons, of septage or waste transported;
5. Receipts for lime or other materials used for treatment;
6. Location of the approved treatment facility;
7. Date and time of discharge to the treatment facility; and
8. Acknowledgement from treatment facility of receipt of septage or waste.
(f) All Department of Health-regulated septage treatment facility operators shall maintain permanent records of the septage
or waste receipt, treatment and discharge. Records shall be retained for five (5) years. At a minimum, these records shall
include the following.
1. Date and time of each load of septage or waste is received;
2. Name of company from which the septage or waste is received;
3. Identification of the truck from which the septage or waste was received;
4. Signature from the driver acknowledging delivery of the septage or waste;
5. Quantity of septage or waste received;
6. Date and time of discharge of each load of treated septage or waste;
7. Name of the company which received the treated septage or waste from the treatment facility;
8. Signature from the driver of the truck which received the treated septage or waste; and
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9. Quantity of treated septage or waste discharged to the truck.
(g) A summary of the total volume of septage applied to each site shall be submitted to the DOH county health department
quarterly.
(h) Domestic wastewater systems residuals shall not be mixed with septage for treatment and disposal at department
approved sites.
(i) Septage which contains toxic or hazardous waste must be disposed of in accordance with the rules of the Department of
Environmental Protection.
(j) The land application area shall not be located closer than 3000 feet to any Class I water body or Outstanding Florida
Water as defined in Chapter 62-302, F.A.C. or 200 feet to any surface water bodies except canals or bodies of water used for
irrigation purposes which are located completely within and not discharging from the site. The land application area shall not
be located closer than 500 feet to any shallow public water supply wells, nor closer than 300 feet to any private drinking water
supply well. The application area shall be no closer than 300 feet to any habitable building and a minimum of 75 feet from
property lines and drainage ditches.
(k) The land application site shall have a minimum 24 inches of unsaturated soil above the ground water table at the time
of septage or sludge application. The seasonal high ground water table for the site may be indicated in the Agricultural Use
Plan by soil survey maps. If the wet season high ground water table is within 2 feet of the surface or is not determined in the
Agricultural Use Plan, the water table encountered at the time of septage or sludge application shall be determined by use of a
monitoring well.
(l) Septage or sludge shall not be applied during rain events of sufficient magnitude to cause runoff, or during periods in
which surface soils of the land application area are saturated. The land application area shall have sufficient buffer areas or
stormwater management structures to retain the runoff from a ten-year one-hour storm on the site. Sufficient septage storage
capacity shall be provided for periods of inclement weather and equipment failure. Facilities shall be designed, located, and
operated to prevent nuisance conditions and avoid site run-off.
(m) Land application area topographic grades shall not exceed 8 percent.
(n) The land application area and an area 200 feet wide adjacent to, and exterior of, the land application area boundary
shall contain no subsurface fractures, solution cavities, sink holes, excavation core holes, abandoned holes, or any other natural
or manmade conduits which allow contamination of ground water. Determinations of site conditions shall be made as part of a
geophysical examination of the property by qualified persons.
(o) Florida water quality criteria for groundwater and surface water shall not be violated as a result of land application of
septage or sludge. Water quality testing of application areas may be required if the department determines that septage
application not conforming to this rule is evident. If water quality violations are indicated, the site owner shall suspend land
application activities.
(p) A layer of permeable soil at least 2 feet thick shall cover the surface of the land application area.
(q) Unless required by law to be limited by phosphorous, application rates of septage and food establishment sludges are
limited by the nitrogen content of the waste.
1. Where the application rate is limited by nitrogen content, the maximum annual surface application rate of total nitrogen
is 500 pounds per acre during any 12-month period. Application of septage shall be applied as evenly as possible during the 12
month period to ensure maximum uptake of nitrogen by the crops used. This equates to 6 dry tons or 40,000 gallons of typical
septage per acre per year. However, if the following formula, based on the annual uptake of nitrogen for a given crop is used,
the 40,000 gallons of septage applied per acre per year shall be increased if the nitrogen content of the septage will not exceed
the nitrogen uptake of the crop.
AAR = N ÷ 0.0026
AAR is the annual application rate in gallons per acre per 365 day period; and N equals the amount of nitrogen in pounds per
acre per 365 day period needed by the crop or vegetation grown on the land. Application methods shall be conducted in a
manner which will disperse the treated septage uniformly over the land application site.
2. Where the application rate is limited by phosphorous, the maximum annual surface application rate of total phosphorous
is 40 pounds per acre during any 12 month period. Application of septage shall be applied as evenly as possible during the 12
month period to ensure maximum uptake of phosphorous by the crops used. This equates to 2 dry tons or 12,000 gallons of
typical septage per year. However, if the following formula, based on the annual uptake of phosphorous for a given crop is
used, the 12,000 gallons of septage applied per acre per year shall be increased if the phosphorous content of the septage will
not exceed the phosphorous demand of the crop.
AAR=P0.0076 if the crop demand is calculated for P2O5.
AAR=P0.0033 if the crop demand is calculated for P.
AAR is the annual application rate in gallons per acre per 365 day period; and P equals the Crop Phosphorous Demand in
pounds per acre per 365 day period calculated for the crop or vegetation grown on the land. Application methods shall be
conducted in a manner which will disperse the treated septage uniformly over the land application site.
(r) Permanent records of actual application areas and application rates shall be kept. These records shall be maintained by
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the site owner, lessee, or the land applicator for a period of five years, and shall be available for inspection upon request by the
department or by DEP. An annual summary of the total septage or sludge applied shall be provided with the annual update to
the Agricultural Use Plan. Records shall be kept and shall include:
1. Location of the septage treatment facility from which each load of treated septage is obtained.
2. Date and time the treated septage was obtained from the treatment facility.
3. Dates of septage or sludge land application.
4. Weather conditions when applied.
5. Location of septage or sludge application site.
6. Amounts of septage or sludge applied.
7. Specific area of the site where septage or sludge was applied.
8. pH of stabilized septage or sludge being applied.
9. Soil groundwater table when septage was applied.
10. Vegetational status of application area.
(s) Food establishment sludges may be discharged into permitted domestic wastewater treatment facilities pursuant to the
requirements of Chapter 62-600, F.A.C.
(t) Application of food establishment sludge to the land shall be permitted if such food establishment sludge has been
properly treated by lime stabilization, or by any other process which produces similar kills of microorganisms and has been
approved by the State Health Office.
(u) Mixing of unstabilized food establishment sludge with stabilized septage prior to land application is not permitted.
(v) Food establishment sludge shall be blended with septage and treated prior to land application. The ratio of food
establishment sludge to septage shall be no greater than 1:1.
(8) Stabilization tanks and septage storage tanks may be located at regional stabilization facilities, at sites owned by the
disposal service or at sites owned by the owner or lessee of the septage land application site.
(9) Potable water supplies located at the stabilization tank and septage storage tank site shall be provided with back flow
prevention devices to prevent potential contamination of water supplies.
Rulemaking Authority 381.0065(3)(a), 489.553(3) FS. Law Implemented 381.0065, 386.041, 373.4595 FS. History–New 12-22-
82, Amended 2-5-85, Formerly 10D-6.52, Amended 3-17-92, 1-3-95, 5-14-96, Formerly 10D-6.052, Amended 3-22-00, 5-24-
04, 11-26-06, 6-25-09, 4-29-10.
64E-6.0101 Portable Restrooms and Portable or Stationary Holding Tanks.

(1) Persons servicing portable restrooms, portable hand washing facilities and portable or stationary holding tanks shall
obtain an annual permit on Form DH 4013 from the county health department in the county in which the service company has
an office or storage yard. The service company need not be permitted in neighboring counties in which the service company
operates but does not have an office or storage yard. Service persons shall carry proof of possession of a current annual
operating permit and vehicle inspection for review by department personnel in neighboring counties. Permits issued under this
rule authorize the disposal service to handle liquid waste associated with portable restrooms, portable hand washing facilities,
restroom trailers, shower trailers and portable or stationary holding tanks containing domestic wastewater produced in the State
of Florida.
(2) Application for a service permit shall be made to the DOH county health department on Form DH 4012, “Application
for Septage Disposal Service Permit, Temporary System Service Permit, Septage Treatment and Disposal Facility, Septic Tank
Manufacturing Approval”. The following must be provided for the evaluation prior to issuance of a service permit:
(a) Evidence that the applicant possesses adequate equipment such as a tank truck, pumps, off truck stabilization tanks and
pH testing equipment where lime stabilization and land application are proposed, as well as other appurtenances and tools
necessary to perform the work intended. Equipment may be placed into service only after it has been inspected and approved
by the DOH county health department. Tanks used for the stabilization and storage of portable or stationary holding tank waste
and portable restroom waste shall be constructed, sized, and operated in accordance with the provisions of subparagraphs 64E-
6.010(2)(a)1.-3., F.A.C.
(b) The proposed disposal method and the site to be used for disposing of the waste from portable restrooms or portable or
stationary holding tanks.
(c) The contractor registration number and certificate of authorization number, if applicable.
(3) When a permit is issued, the number of said permit along with the name of the company, its phone number, and the
gallon capacity of the waste storage tank shall be prominently and permanently displayed on the service truck in contrasting
colors with 3 inch or larger letters. Use of removable magnetic signs shall not be considered permanent display of vehicle
identification information.
(4) After waste is removed from a portable or stationary holding tank, the original cap or lid of the tank shall be put back
27
in place, or be replaced with a new cap or lid if the original one is broken. Tank lids shall be completely sealed and secured as
per paragraph 64E-6.013(2)(i), F.A.C. The site shall be left in a nuisance-free condition.
(5) Waste from portable or stationary holding tanks or portable restrooms shall be transported to an approved treatment
facility in such a manner as to preclude leakage, spillage or the creation of a sanitary nuisance.
(6) All portable restroom and portable or stationary holding tank waste haulers regulated by Chapter 64E-6, F.A.C., are to
maintain a collection and hauling log at the main business location which provides the information listed below. Records shall
be retained for five (5) years.
(a) Date of septage or waste collection;
(b) Estimated volume, in gallons, of septage or waste transported;
(c) Location of the approved treatment facility;
(d) Date and time of discharge to the treatment facility;
(e) Acknowledgement from treatment facility of receipt of septage or waste; and
(f) The location and the installation or placement date of all portable holding tanks placed into service. When a county
health department requests to see the list of holding tank installation locations, only those locations within the health
department’s county of jurisdiction need to be provided.
(7) Portable Restrooms, Portable Holding Tanks, Stationary Holding Tanks, Mobile Restroom Trailers, Mobile Shower
Trailers, and Portable Sinks.
(a) The department shall allow, on a temporary basis, portable restrooms, mobile restrooms, mobile shower trailers, and
portable or stationary holding tanks for fairs, carnivals, revivals, field locations, encampments and other locations which lack
permanent structures where people congregate for short periods of time, provided the construction, maintenance, and utilization
of such systems conform to the general provisions of this chapter. Portable restrooms, portable or stationary holding tanks or
other restroom facilities shall be provided at commercial and residential building sites for the duration of construction any time
workers are present, and shall not be bound by the definition of temporary. All required restroom facilities shall remain
accessible whenever the intended users are present. Where the department determines that no health hazard will result, portable
restrooms, portable holding tanks, stationary holding tanks, mobile restroom trailers, mobile shower trailers, and portable sinks
shall be permitted meeting setbacks that are 50% of the setback requirements of subsections 64E-6.005(1) through (3), F.A.C.,
provided portable or stationary holding tanks shall be placed within secondary containment structures with a containment
capacity of no less than 110% of the total waste capacity of the holding tank. For purposes of this rule, a holding tank is any
sealed, water tight fixture for receiving and storing domestic wastewater from plumbing fixtures in remote locations or at
building sites or special events. For purposes of this rule, a portable restroom is a transportable, self contained static or flush-
type toilet constructed to promote a sanitary environment at remote locations, building sites or special events, comprised of at
least a waste storage receptacle, a riser and toilet seat and a protective enclosure. Portable restrooms, mobile restrooms, and
mobile shower trailers at building sites or at a location for a temporary period of time do not require a permit from the
department but must comply with the provisions of this rule. A construction permit (DH 4016) shall be obtained before placing
or installing any stationary holding tanks.
(b) The department shall approve, for permanent use or placement, portable restrooms or stationary holding tanks at
continually used locations where restroom facilities are desirable for the promotion of public health and where conventional
facilities are neither available nor practical. Examples of such locations would be boat ramps, remote areas of golf courses,
office or sales trailers, or other places where people congregate which meet the above criteria. A construction permit (DH
4016) shall be obtained before placing or installing any portable restroom or stationary holding tank for permanent use. The
portable restroom service company providing portable restrooms or stationary holding tanks shall be responsible for
maintenance of the unit and removal if conventional facilities are made available.
(c) Portable restrooms shall be self-contained, have self closing doors and shall be designed and maintained so that insects
are excluded from the waste container.
(d) Portable restroom service company operators shall use Table PR I to determine the required number of facilities for
special events for use in situations where no local or state codes provide a minimum number of toilet facilities. Table PR I
assumes that the portable restrooms are serviced only once per day. If the restrooms are serviced twice per day, the value from
the table shall be divided by two. If they are pumped three or more times per day, the value shall be divided by three. All
resulting fractional numbers of restrooms required shall be rounded up to the next higher whole number of restrooms. If
permanent restroom facilities are available for use by the attendees, the number of portable restrooms may be reduced based on
the number of attendees the permanent facilities are designed to accommodate. At least one working day prior to the special
event, special event organizers shall provide to the county health department a signed contract, or facsimile copy thereof, with
the portable restroom service company specifying the dates the facilities will be on the event site, the number of restroom
facilities to be provided, the servicing frequency and the removal date for the units.
(e) Table PR II shall be used to determine the number of required facilities at remote locations and commercial and
residential building sites.
1. Table PR II assumes that the portable restrooms are serviced only once per week. If the restrooms are serviced twice per
week, the value from the table shall be divided by two. If they are pumped three or more times per week, the value shall be
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divided by three. All resulting fractional numbers of restrooms required shall be rounded up to the next higher whole number
of restrooms.
2. Where a contractor has multiple building sites, the individual sites shall be considered a single site for purpose of
determining the number of facilities. Portable restrooms serving multiple individual building sites may be shared between sites
provided they are no more than 300 feet from any individual building site served.
(f) Waste receptacles shall be watertight and made of non-absorbent, acid resistant, corrosion-resistant and easily cleanable
material.
(g) The floors and interior walls shall have a non-absorbent finish and be easily cleanable.
(h) Portable restrooms shall be serviced at least weekly and the inside of the structure housing the storage compartment
shall be cleaned on each service visit. The waste storage compartment shall be charged with a sanitizer-deodorizer solution
prepared in accordance with the sanitizer-deodorizer manufacturer’s instructions.
(i) Each portable restroom shall have listed in a conspicuous place the name and telephone number of the servicing
company.
(j) Portable restrooms shall be maintained in a sanitary condition. Portable restrooms at special events shall be serviced at
least daily.
TABLE PR I
NUMBER OF PORTABLE RESTROOMS REQUIRED FOR SPECIAL EVENTS
(ASSUMES SERVICING ONCE PER DAY)
NUMBER OF PEOPLE PER DAY NUMBER OF HOURS FOR EVENT PER DAY
1 2 3 4 5 6 7 8 9 10
250 2 2 2 2 2 3 3 3 3 3
500 2 3 4 4 4 4 4 4 4 4
1000 4 5 6 7 7 8 8 8 8 8
2000 6 10 12 13 14 14 14 15 15 15
3000 9 14 17 19 20 21 21 21 21 22
4000 12 19 23 25 28 28 28 30 30 30
5000 15 23 30 32 34 36 36 36 36 36
6000 17 28 34 38 40 42 42 42 44 44
7000 20 32 40 44 46 48 50 50 50 50
8000 23 38 46 50 54 57 57 58 58 58
9000 26 42 52 56 60 62 62 62 64 64
10,000 30 46 57 63 66 70 70 72 72 72
12,500 36 58 72 80 84 88 88 88 88 92
15,000 44 70 84 96 100 105 105 110 110 110
17,500 50 80 100 110 115 120 125 125 126 126
20,000 57 92 115 125 132 138 138 144 144 150
25,000 72 115 144 154 168 175 175 176 176 184
30,000 88 138 168 192 200 208 208 216 216 216
TABLE PR II
PORTABLE RESTROOMS REQUIRED FOR REMOTE LOCATIONS AND COMMERCIAL AND
RESIDENTIAL BUILDING SITES
PER SITE OR LOCATION
(ASSUMES SERVICING ONCE PER WEEK)
NUMBER OF PEOPLE PER SITE NUMBER OF RESTROOMS REQUIRED
8 HOURS PER DAY – 40 HOURS PER WEEK
1-10 1
11-20 2
21-30 3
31-40 4
41-50 5
over 50 Add 1 restroom for every 10 additional people or fraction thereof
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TABLE PR III
HOLDING TANK CAPACITY REQUIRED FOR REMOTE LOCATIONS, AND SPECIAL EVENTS
PER SITE OR LOCATION
(ASSUMES SERVICING TWICE PER WEEK)
NUMBER OF PEOPLE PER SITE MINIMUM HOLDING TANK CAPACITY (IN GALLONS)
8 HOURS PER DAY – 40 HOURS PER WEEK
1 125
2-3 250
4-5 500
6-7 750
over 7 Add 125 gallons for each additional person
(k) Portable hand washing facilities shall be self-contained and have access to a fresh water compartment and a wastewater
compartment. A sign shall be posted near the hand washing apparatus to advise users that the water is not for drinking.
(l) Portable hand washing facilities shall be provided in a proportion of one hand wash facility to every ten portable
restrooms required, and shall be provided at special events and remote locations where food is served or picnic areas are
provided. With the exception of locations where food is served, hand sanitizers may be used in lieu of hand washing facilities,
at the option of the applicant.
(m) The number and location of portable restroom and hand washing facilities for food handlers at special events shall be
based on this section or applicable local or state food hygiene requirements, whichever is greater.
(n) An applicant for a stationary holding tank installation permit shall provide to the county health department a copy of a
contract with a permitted disposal company that states the holding tank capacity and the scheduled pumping frequency.
(o) All stationary holding tanks shall be constructed in compliance with the construction standards for treatment
receptacles in Rule 64E-6.013, F.A.C.
(p) Portable holding tanks shall meet the following requirements:
1. The total effective capacity of the portable holding tank shall not exceed 300 gallons;
2. No portion of the portable holding tank shall be more than 12 inches below the surface of the ground;
3. The portable holding tank shall be used for a construction site or temporary use;
4. The portable holding tank shall be rigid, water-tight, impervious;
5. Polyethylene holding tanks shall meet the requirements of International Association of Plumbing and Mechanical
Officials (IAPMO) PS 1-93, Paragraph 5.4 “Polyethylene”, herein incorporated by reference. Where the requirements of
IAPMO PS 1-93 Paragraph 5.4 “Polyethylene” conflict with the standards in this section, the standards in this section shall
apply;
6. Multiple portable holding tanks, if used, shall be connected in such a manner that leakage from one tank will not result
in the loss of any liquid from any other tanks;
7. Each portable holding tank shall have listed in a conspicuous place the name and telephone number of the servicing
company; and
8. The portable holding tank shall be removed from the site when no longer needed;
9. The portable holding tank servicing company shall maintain a list of the location and the installation or placement date
of all portable holding tanks placed into service. The list shall be made available to the Department upon request.
(q) Portable or stationary holding tanks shall be serviced at least weekly to prevent insanitary conditions.
(r) Table PR III shall be used to determine the required total capacity of portable or stationary holding tanks serving a
remote location, construction site, or special event. The values from table PR III shall be adjusted proportionately to the
number of times per week the holding tank will be emptied.
(s) Application for a service permit shall be made to the county health department on Form DH 4012, “Application for
Septage Disposal Service Permit, Temporary System Service Permit, Septage Treatment and Disposal Facility, Septic Tank
Manufacturing Approval”. The following must be provided for the evaluation prior to issuance of a service permit:
1. The permanent location and address of the business where operations will originate and where equipment is to be stored
when it is not in use.
2. The proposed disposal method and the site to be used for disposing of the waste.
(t) The following equipment, maintenance and service requirements shall be complied with:
1. Vehicles used for servicing portable restrooms shall be provided with two separate tanks or a dual compartment tank.
One compartment or tank shall be used for receiving and removing wastes and the other shall be used for clean water storage
and shall have adequate capacity to allow proper cleaning of each serviced unit. The waste tank on all vehicles servicing
portable restrooms or portable or stationary holding tanks shall be equipped with a suction hose having a cut-off valve not more
than 36 inches from the intake end.
2. Standby portable restroom and holding tank service equipment shall be available for use during breakdowns or
30
emergencies. If equipment from another approved service is to be used for stand-by purposes, a written agreement between the
services must be provided to the county health department.
3. The waste storage compartment of a tank truck shall be maintained as necessary to prevent the creation of sanitary
nuisance conditions.
(u) Portable or stationary holding tank, portable restroom, and portable hand sink wastes shall be disposed of into a septage
treatment and disposal facility approved by the department or into a treatment facility approved or permitted for such disposal
by the Department of Environmental Protection. These wastes shall be land applied under provisions of subsection 64E-
6.010(7), F.A.C., provided a DEP-approved treatment facility is not available. Companies which service portable or stationary
holding tanks or portable restrooms which use quaternary ammonium sanitizing and deodorizing compounds are prohibited
from having the wastes treated or disposed of at lime stabilization facilities.
(v) When disposed of in a department approved lime stabilization facility, the portable restroom, portable hand washing
and portable or stationary holding tank wastes shall be blended with domestic septage at a rate of no less than 3 parts septage to
1 part holding tank, portable restroom or portable hand washing facility waste prior to lime stabilization. Treatment and
disposal shall comply with the provisions of paragraphs 64E-6.010(7)(a)-(u), F.A.C.
(w) Contents of portable restrooms and portable or stationary holding tanks shall be removed in their entirety when
pumped.
(x) Persons who own portable restrooms but are not a permitted service company shall maintain a service contract with a
permitted service company for every portable restroom in use. The name and telephone number of the owner shall be displayed
on every portable restroom in use.
Rulemaking Authority 381.0065(3)(a), 489.553(3) FS. Law Implemented 381.0065, 386.041 FS. History–New 5-24-04,
Amended 11-26-06, 6-25-09, 4-28-10.
64E-6.011 Abandonment of Systems.

(1) Whenever the use of an onsite sewage treatment and disposal system is discontinued following connection to a sanitary
sewer, following condemnation or demolition or removal or destruction, of a building or property, or discontinuing the use of a
septic tank and replacement with another septic tank, the system shall be abandoned within 90 days and any further use of the
system for any purpose shall be prohibited. However, if the Department of Environmental Protection or its designee approves
the use of the retention tank where the tank is to become an integral part of a sanitary sewer system or stormwater management
system, the septic tank need not be abandoned.
(2) The following actions shall be taken, in the order listed, to abandon an onsite sewage treatment and disposal system:
(a) Property owner or agent shall apply for a permit from the department to abandon the existing onsite sewage system and
submit the required fee. Upon receiving a permit:
(b) The tank shall be pumped out.
(c) The bottom of the tank shall be opened or ruptured, or the entire tank collapsed so as to prevent the tank from retaining
water, and
(d) The tank shall be filled with clean sand or other suitable material, and completely covered with soil.
(e) An inspection of the system abandonment shall be conducted by the department or by the local utility or plumbing
authority performing the system abandonment.
(3) The permitting provisions of paragraph 64E-6.011(2)(a), F.A.C., are not required if a local utility or local plumbing
authority performs a system abandonment program which requires the completion of those steps listed in paragraphs 64E-
6.011(2)(b), (c), (d), and (e), F.A.C. If the system abandonment is performed by a local utility or local plumbing authority, the
local utility or local plumbing authority performing the abandonment program shall maintain a log of all inspections performed
and shall forward the log to the County Health Department on a monthly basis.
(4) A septic tank serving a single family residence may, at the owner’s discretion, be converted into a cistern pursuant to
the following procedures:
(a) The applicant shall obtain a system abandonment permit from the county health department.
(b) The permit application shall specify the intended use of the abandoned septic tank.
(c) The activities related to abandoning the onsite sewage treatment and disposal system shall not create a sanitary
nuisance.
(d) The septic tank shall be disconnected from the drainfield and from the building sewer pipe.
(e) All work to disconnect, clean and sanitize the septic tank shall be conducted by a registered septic tank contractor or a
state-licensed plumber or by the owner of the owner-occupied single family residence being served by the septic tank.
(f) All septage, wash water, and other liquids removed from the tank shall be removed and handled as septage (Rule 64E-
6.010, F.A.C.) by a DOH-licensed septage disposal service and disposed of at a DEP-regulated wastewater treatment facility.
(g) The health department shall inspect the tank once it is disconnected, emptied, cleaned, disinfected and filled with
water. The inspection shall determine whether all of the following conditions have been met:
31
1. The tank has been disconnected from the drainfield and the building sewer.
2. The tank is full of water within 12 inches of the top of the tank.
3. The clarity of the water is such that a Secchi disk is visible at the bottom of the tank.
4. The pH of the water in the tank is between 6.0 and 8.0.
5. The free chlorine residual of the water in the tank is ≤ 1.0 ppm.
6. The total coliform count is ≤ 1000 per 100 ml.
7. The fecal coliform count is ≤ 200 per 100 ml.
8. No sanitary nuisance condition exists on the property related to the abandonment activities.
(h) One inspection is included in the abandonment permit fee. The applicant shall pay a reinspection fee for any additional
inspection visits necessary until all of the criteria in subparagraphs 64E-6.011(4)(g)1. through 8. F.A.C., are met and final
approval of the abandonment is granted by the county health department.
(i) The applicant shall be responsible for all required laboratory fees. All sampling shall be conducted by county health
department staff during the final inspection.
(j) The septic tank shall be converted and inspected within 90 days after connection of the building plumbing to the
sanitary sewer.
(k) The tank shall not be connected to any irrigation components nor shall the water used for irrigation purposes until final
approval of the abandonment has been granted by the county health department.
(l) Upon final approval of the abandonment, use of the tank or the drainfield for sewage storage, treatment or disposal is
prohibited and constitutes a nuisance injurious to health as defined by Section 386.041, F.S.
(m) Upon final approval of the abandonment, the water collected in the tank shall be utilized for non-potable, irrigation
purposes only.
Rulemaking Authority 381.0065, 489.553, 489.557 FS. Law Implemented 381.0065, 381.00655, 381.0066, Part I 386 FS.
History–New 12-22-82, Amended 2-5-85, Formerly 10D-6.53, Amended 3-17-92, 1-3-95, Formerly 10D-6.053, Amended 6-18-
03, 6-25-09.
64E-6.012 Standards for the Construction, Operation, and Maintenance of Aerobic Treatment Units.
When aerobic treatment units are used for treating domestic and commercial sewage waste, each unit shall be installed,
operated and maintained in conformance with the following provisions:
(1) Aerobic systems designed to treat up to 1500 gallons of sewage waste per day shall be listed by a third party certifying
program approved by the State Health Office. Aerobic treatment units shall be in compliance with standards for Class I systems
as defined by ANSI/NSF International Standard Number 40, revised July 2000, herein incorporated by reference. An approved
third party certifying program shall comply with the following provisions in order for units which it has certified to be
approved for use in Florida:
(a) Be accredited by the American National Standards Institute.
(b) Have established procedures which send representatives to distributors in Florida on a recurring basis to conduct
evaluations to assure that distributors of certified aerobic units are providing proper maintenance, have sufficient replacement
parts available, and are maintaining service records.
(c) Notify the department State Health Office of the results of monitoring visits to manufacturers and distributors within 60
days of the conclusion of the monitoring. Approved distributors must be reported by the manufacturer to the certifying agency.
(d) Submit completion reports on testing for review by the State Health Office.
(e) Provide a registered certification mark or seal which must be affixed in a conspicuous location on the units it has
certified. This mark or seal will alert persons evaluating or maintaining the unit that the unit is in compliance with ANSI/NSF
Standard 40.
(2) The following additional requirements shall also apply to the construction, design, and operation of aerobic treatment
units treating 1500 gallons per day or less:
(a) An appropriate mechanism shall be provided to make access ports vandal, tamper, and child resistant. Acceptable
protection of openings shall consist of one or more of the following methods as specified by the tank manufacturer:
1. A padlock.
2. An “O” ring with twist lock cover requiring special tools for removal.
3. Covers weighing 65 pounds or more, net weight.
4. A hinge and hasp mechanism which uses stainless steel or other corrosion resistant fasteners to fasten the hinge and
hasp to the lid and tank for fiberglass, metal, or plastic lids.
(b) A minimum of a 4 inch diameter sampling access port located between the tank outlet and the drainfield.
(c) A visual and audio warning device shall be installed in a conspicuous location so that activation of such warning device
will alert property occupants of aerobic unit malfunction or failure. All warning devices shall be wired separately from the
aerobic unit so that disconnecting the aerobic unit from electricity will activate the warning device. If installed outside, the
alarm shall be waterproof.
(d) Each unit shall be designed or equipped so that regardless of unusual patterns or frequencies of sewage flow into the
32
system effluent discharged to the drainfield will be in compliance with Class I effluent quality standards as defined by
ANSI/NSF Standard 40.
(e) Minimum required treatment capacities for systems serving any structure, building or group of buildings shall be based
on estimated daily sewage flows as determined from Table IV.
TABLE IV
AEROBIC SYSTEMS
PLANT SIZING
RESIDENTIAL:
Number of Bedrooms Building Areain square feet Minimum Required Treatment Capacity gallons per day
1 or 2 Up to 1200 400
3 1201-2250 500
4 2251-3300 600
For each additional bedroom or each additional 750 square feet of building area, or fraction thereof, treatment capacity shall be
increased by 100 gallons.
COMMERCIAL:
Estimated Minimum Required
Sewage Flow in Treatment Capacity
gallons per day in gallons per day
0-400 400
401-500 500
501-600 600
601-700 700
701-750 750
751-800 800
801-1000 1000
1001-1200 1200
1201-1500 1500
Footnotes to Table IV
1. Where the number of bedrooms and the corresponding building area in Table IV do not coincide, the criteria which
results in the greatest required treatment capacity shall apply.
2. These figures assume that the aerobic system will be treating domestic strength sewage with CBOD5 and suspended
solids values typically not exceeding 300 and 200 milligrams per liter, respectively. For wastewaters with higher CBOD5,
higher suspended solids values, or for facilities that exhibit short-term hydraulic surge conditions, additional treatment or pre-
treatment facilities shall be required when specified by design engineers, plant manufacturers, or by the DOH county health
department.
(f) There shall be no bypass capability designed into the system which will allow waste to be discharged to the drainfield
without undergoing all the treatment processes necessary to achieve the desired effluent quality. Bypassing, removing, or
excluding any component or components of a system after the system has received final installation approval is prohibited.
(g) Effluent from an aerobic treatment unit shall be disposed of on the owner’s property in conformance with other
requirements of this chapter except as provided for in paragraph 64E-6.012(2)(f), F.A.C. Effluent quality which is found to not
meet Class I standards as specified by ANSI/NSF Standard 40 shall be reported to the maintenance entity for correction within
10 working days.
(h) Units meeting Class I Standards as specified by ANSI/NSF Standard 40 shall receive consideration, via the variance
review process, for use where daily domestic sewage flow limitations of Rule 64E-6.005, F.A.C., are exceeded or where a high
level of sewage treatment is warranted. Also, for Class I units where slightly limited soil textures exist on a site, the required
drainfield size may be reduced by 25 percent from the requirements in subsection 64E-6.008(5) or paragraph 64E-6.009(3)(d),
F.A.C.
(i) A manufacturer, distributor or seller of aerobic treatment units shall furnish, to the State Health Office, in Microsoft
Word document format, Portable Document Format (PDF) or other electronic format accepted by the Department, a copy of
the completion reports and engineering drawings showing the design and construction details of all models of approved Class I
units to be constructed or installed under the provisions of this rule. The State Health Office will forward these reports and
drawings to each DOH county health department. No aerobic unit shall receive final installation approval until the unit is found
to be in compliance with all provisions of this rule, including compliance with design and construction details shown on the
engineering plans filed with DOH county health departments and the State Health Office.
(j) Manufacturers shall provide a listing of approved maintenance entities they have authorized to provide service in the
33
state and shall demonstrate that the entire state is covered by at least one maintenance entity. A system using a manufacturer’s
unit shall not be approved in the state if the manufacturer cannot demonstrate that there are maintenance entities to service it.
(k) A distributor of a specific manufacturer’s brand or model of an approved aerobic treatment unit shall provide to the
DOH county health department and State Health Office written assurance that spare mechanical and structural parts are
available, upon request, for purchase, to all other approved maintenance entities.
(l) Where local building occupancy codes require that the DOH county health department approve the means of sewage
disposal prior to building occupancy or change of occupancy, and where an aerobic treatment unit is utilized, a current,
unexpired aerobic treatment unit maintenance contract between the property owner or lessee and an approved maintenance
entity shall be one of the required conditions of system approval.
(m) A copy of the signed maintenance agreement between the property owner or property lessee and an approved
maintenance entity shall be provided to the DOH county health department by the maintenance entity. The maintenance
agreement shall:
1. Initially be for a period of at least 2 years and subsequent maintenance agreement renewals shall be for at least 1 year
periods for the life of the system.
2. Provide that a maintenance entity which desires to discontinue the provision of maintenance services, notify in writing,
the property owners and lessees and the DOH county health department at least 30 days prior to discontinuance of service.
3. Provide that, if a private maintenance entity discontinues business, property owners who have previously contracted
with the discontinued maintenance service shall, within 30 days of the service termination date, contract with an approved
maintenance service and provide the DOH county health department a copy of the newly signed maintenance agreement.
4. Provide that each aerobic unit is inspected by an approved maintenance entity at least two times each year. Aerobic
treatment units serving commercial establishments shall be inspected four times per year. The maintenance entity shall furnish
to the DOH county health department a listing of all aerobic units inspected or serviced during the respective reporting period.
As a minimum, reports shall indicate the system owner or building lessee, the street address of the system, the date of system
inspection or service and a statement as to the maintenance or service performed. The maintenance entity shall also include a
list of the owners who have refused to renew their maintenance agreement.
(n) The DOH county health department shall, at least annually, inspect the maintenance and performance of aerobic
treatment units. The DOH county health department shall also inspect each authorized maintenance entity, including review of
their service records and maintenance agreements.
(3) An aerobic treatment unit used for treating domestic or commercial sewage flows in excess of 1500 gallons per day
shall be designed and certified by an engineer licensed in the State of Florida. The design shall include an assessment of
wastewater strength. The certification shall state that the unit is capable of consistently meeting, at minimum, secondary
treatment standards established by DEP in Rule 62-600.420, F.A.C. In addition, the following requirements shall also be met:
(a) The drainfield system shall meet minimum setback and elevation requirements specified by this rule.
(b) The owner or lessee of a system shall comply with the applicable safety, maintenance and operational requirements of
subsection 64E-6.012(2), F.A.C. Unless the system owner or lessee is a state licensed wastewater treatment plant operator, the
owner or lessee shall be required to have a system maintenance agreement with a permitted aerobic unit maintenance entity
which has at least a Class D state certified operator who has been certified under the provisions of Chapter 61E12-41, F.A.C.
(c) A permitted aerobic unit maintenance entity with a minimum Class D certified operator, or a system owner or lessee
holding at minimum a Class D certification under the provisions of Chapter 61E12-41, F.A.C., shall collect effluent quality
samples and submit the sample analysis reports to the DOH county health department. Effluent quality samples for CBOD5,
suspended solids and fecal coliform shall be collected at least semi-annually and such samples shall be analyzed by a
department-approved laboratory.
(d) Written sample analysis reports shall be submitted to the DOH county health department by no later than the 15th of
the next month following the semi-annual sampling period. However, if the sample analysis for CBOD5 or suspended solids
exceeds secondary treatment standards by more than 100 percent, the maintenance entity or certified operator shall notify the
DOH county health department by telephone or in person within 24 hours after receipt of sample analysis results.
(e) The DOH county health department shall monitor the maintenance and performance of aerobic treatments units as
required by paragraph 64E-6.012(2)(m), F.A.C.
(4) No aerobic treatment unit shall be serviced or repaired by a person or entity engaged in an aerobic treatment unit
maintenance service until the service entity has obtained an annual written permit issued on Form DH 4013 from the DOH
county health department in the county where the service company is located. Each service entity shall employ at least one
plumbing contractor licensed under Section 489.105(3)(m), F.S., septic tank contractor registered under Part III of Chapter 489,
F.S., or a state-licensed wastewater treatment plant operator, who is responsible for maintenance and repair of all systems
under contract. Application for a Maintenance Service Permit, Form DH 4066, 02/10, herein incorporated by reference, shall
be made to the DOH county health department and shall contain the following information:
(a) Evidence that the maintenance entity possesses a manufacturer’s maintenance and operations manual and has received
training from the manufacturer in proper installation and service of the unit and has received written approval from the
manufacturer to perform service on their units. The manual shall contain detailed instructions on proper operation and
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maintenance procedures, a replacement parts list for all models being installed and maintained, a statement giving the
capabilities of each unit, instructions on how to detect a malfunctioning unit and what to expect from a properly functioning
unit.
(b) A signed statement from the applicant attesting that the applicant has adequate staff, possesses proper equipment and
has sufficient spare structural and mechanical parts and components to perform routine system monitoring and servicing and is
able to make a service response within 36 hours after notification of the need for emergency repairs.
(c) Payment of $25.00 to the DOH county health department per annum for the aerobic treatment unit maintenance service
permit.
(5) Emergency service necessary to prevent or eliminate an imminent sanitary nuisance condition caused by failure of a
mechanical component of any aerobic treatment unit shall be reported by the approved aerobic unit maintenance entity, in
writing, to the DOH county health department no later than 5 working days after the date of the emergency service.
Rulemaking Authority 381.0065(3)(a), 489.553(3) FS. Law Implemented 381.0065, Part I 386 FS. History–New 3-17-92,
Amended 1-3-95, Formerly 10D-6.0541, Amended 11-19-97, 4-21-02, 6-18-03, 5-24-04, 11-26-06, 6-25-09, 4-28-10.
64E-6.013 Construction Materials and Standards for Treatment Receptacles.

(1) Onsite wastewater treatment receptacle design. The following requirements shall apply to all onsite wastewater
treatment receptacles manufactured for use in Florida unless specifically exempted by other provisions of these rules:
(a) Onsite wastewater treatment receptacles include: septic tanks, graywater tanks, laundry tanks, grease interceptors, pump
tanks, aerobic treatment unit tanks, tanks containing treatment media and stationary holding tanks not described in paragraph
64E-6.0101(7)(p), F.A.C. Treatment receptacles shall be constructed of concrete, fiberglass or polyethylene.
(b) Design and testing of concrete treatment receptacles:
1. Structural design of receptacles shall be by calculation or by performance.
2. Structural design shall be verified by actual vacuum load or hydrostatic test in accordance with the department’s policy
for Test Requirements for Structural Proofing, August 16, 2005, herein incorporated by reference. The vacuum test shall be
followed by a water tightness test.
3. Treatment receptacles shall be watertight as defined in ASTM C1227 98, Standard Specification for Precast Concrete
Septic Tanks, paragraph 9.2., herein incorporated by reference. ASTM C1227 98, paragraph 9.2.2, herein incorporated by
reference, shall be modified to read as follows: Water tightness testing – Fill the receptacle with water to the invert of the outlet
and let stand for 24 hours. Refill the receptacle. The receptacle is approved as water tight if the water level is held for one hour.
4. Manufacturers may use calculations provided by the design engineer in lieu of proof testing for receptacles using
reinforcement bars for structural strength and having a wall thickness of 5 inches or greater. Design by calculation shall be
completed using the Strength Design Method (ultimate strength theory) or the Alternate Design Method (working stress theory)
outlined in the American Concrete Institute (ACI) publication ACI 318-99, Building Code Requirements for Structural
Concrete (318-99) and Commentary (318R-99), herein incorporated by reference. The Strength Design Method is outlined in
Chapter 9 and the Alternate Design Method is in Appendix A. Equation (9-1), herein incorporated by reference, shall be
modified to read as follows: U=1.4L + 1.4D. When the Strength Design Method is used to verify satisfaction of the required
strength a strength reduction factor of 0.90 shall be applied per ACI 318-99 paragraph 9.3.2.1.
(c) Design and testing of fiberglass and polyethylene treatment receptacles:
1. Vacuum testing shall be conducted in accordance with the department’s policy for Test Requirements for Structural
Proofing. The vacuum test shall be followed by a water-tightness test.
2. Vacuum testing shall demonstrate a distortion of volume of no more than 1% at a safety factor of 1.0 and 2% at a safety
value of 1.4 followed by passing a water-tightness test to be considered satisfactory. To determine the vacuum at a 1.0 safety
factor, divide the required total vacuum values by 1.4. There shall be no distortion of the access hatch perimeters at the full
vacuum load and the access hatch must be able to be removed and reinstalled at the conclusion of the test.
3. Water-tightness testing shall be performed as follows: Fill the receptacle with water to the invert of the outlet. The
receptacle is approved as water tight if the water level is held for one hour.
(d) Testing shall be conducted in the presence of an engineer licensed in the state of Florida, or by an employee of the
department that has been authorized by the State Health Office to perform or witness receptacle testing. Test results shall be
certified by the witnessing engineer or department employee.
(e) Receptacle lids for non-traffic residential installations shall be designed for a dead load of 12 inch earth cover with a
dry soil density of 100 pounds per cubic foot or a live load of two concentrated loads of 1750 pounds at a 60 inch spacing or a
concentrated load of 1750 pounds located at the center of the lid, whichever provides the greater shear and moment stresses to
the lid. The required strength shall be per ACI 318-99, equation (9-1) as follows: U=1.4D + 1.7L. Structural integrity proof test
or calculations for the 12 inch overburden earth load and the 1750 pound concentrated loading shall be provided. Designs
sealed by an engineer licensed in the state of Florida shall be acceptable for design proof of receptacle lid designs.
(f) Receptacles and receptacle lids for traffic installations shall be designed, signed and sealed by an engineer licensed in
the state of Florida. Whenever vehicular traffic is anticipated to cross over the receptacle, traffic lids shall be installed with
manhole covers to finished grade. Traffic receptacles and lids shall be designed in accordance with ASTM C 890-91
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(Reapproved 1999), Standard Practice for Minimum Structural Design Loading for Monolithic or Sectional Precast Concrete
Water and Wastewater Structures, herein incorporated by reference, for the appropriate loading. Application of paragraph 5.2.4
of ASTM C 890-91 (Reapproved 1999), shall be at the discretion of the design engineer.
(2) Onsite wastewater treatment receptacle design requirements. The following details shall be incorporated into the
design:
(a) Septic tanks and graywater tanks shall have multiple compartments, or single compartment tanks shall be placed in
series to achieve the required effective capacity. Grease interceptors, laundry tanks, pump tanks, aerobic treatment unit tanks
and retention tanks shall be either multi-compartment or single compartment tanks. All receptacle stiffening members such as
ribs shall be a homogeneous integral part of the structure. When slide-in type compartment walls are proposed, the structural
testing for such tanks shall be conducted without the slide-in wall in place. There shall be a maximum of two horizontal seams
between the topside of the bottom of the receptacle and the underside of the lid. There shall be no vertical seams. Except as
noted in this paragraph, the first chamber of a dual compartment septic or graywater tank or the first tank of single
compartment tanks in series shall have a minimum effective capacity of at least 2/3 of the total required effective capacity. The
second single compartment tank or chamber of a multi-compartment tank shall have a minimum effective capacity of at least
1/5 of the total required effective capacity. The combined effective capacities of the first and second chambers or the first and
second single-compartment tanks shall equal or exceed the total required effective capacity. Systems with daily flows in excess
of 3500 gallons per day may utilize two tanks to achieve the total required effective capacity, provided that the first tank shall
provide no less than 1/2 of the total required effective capacity. The second tank shall provide no less than 1/5 of the total
required effective capacity and the total effective capacities of the two tanks combined shall be no less than the total required
effective capacity.
(b) The liquid depth of compartments for septic tanks and grease interceptors shall be at least 40 inches. The liquid depth
of compartments for graywater tanks, laundry interceptors and pump tanks shall be at least 30 inches. Liquid depths greater
than 84 inches shall not be considered in determining the effective capacity.
(c) A minimum free board or airspace of 15 percent by volume of the effective capacity of all blackwater, graywater and
laundry tanks shall be provided. The volume of risers above the liquid level line cast as an integral part of the tank may be
included as free board or airspace.
(d) The inlet invert of septic tanks, graywater tanks and laundry tanks shall enter the tank 1 to 3 inches above the liquid
level of the tank. A vented inlet tee, vented sweep or a baffle may be provided at the discretion of the manufacturer to divert
the incoming sewage. The inlet device, if utilized, shall have a minimum diameter of 4 inches and shall not extend below the
liquid surface more than 33 percent of the liquid depth.
(e) In septic tanks, graywater tanks and laundry tanks, a minimum 4 inch diameter vented outlet tee, sweep or baffle shall
extend below the liquid level of the tank so that the invert level of the outlet device is a distance not less than 30 percent nor
greater than 40 percent of the liquid depth. The outlet device shall extend at least 4 inches above the liquid level. The
submerged intake orifice of any outlet fixture not incorporating an approved outlet filter device shall be provided with an
approved solids deflection device to reduce, by a minimum of 90 percent, the intake area of the outlet fixture exposed to the
vertical rise and fall of solid particles within the tank. Turning the intake orifice of an outlet tee or sweep 90 degrees from the
vertical will satisfy the solids deflection device requirement.
(f) The inlet and outlet devices shall be located at opposite ends of the receptacle so as to be separated by the maximum
distance practical and shall be in accordance with ASTM C 923-98, Standard Specification for Resilient Connectors Between
Reinforced Concrete Manhole Structures, Pipes, and Laterals, herein incorporated by reference. The head pressure noted in
paragraph 7.1.1 of ASTM C 923-98 shall be reduced from 23 feet to 10 feet. Inlets and outlets on the sides of any treatment
receptacle must be located no more than 12 inches from the end of the receptacle.
(g) Compartment walls shall be designed to withstand the stresses induced by pumping out either of the compartments.
There shall be no relief holes. However, the compartment walls may be inserted in grooves without grouting, fiberglassing or
otherwise permanently attaching in place, unless such attachment is required for proving structural integrity of either the
receptacle or compartment wall.
(h) Sewage flow between the first and second chamber of a multi-chamber receptacle shall interconnect utilizing either a
minimum 4 inch diameter hole or equivalent size slot in the wall or with a minimum 4 inch diameter vented and inverted U-
fitting or a tee. Receptacles in series shall interconnect utilizing a minimum 4 inch diameter vented, inverted U-fitting or a tee.
The outlet device or slot shall extend below the liquid level of the receptacle so that the invert level is located not less than 30
percent nor greater than 40 percent of the liquid depth.
(i) Joints of receptacles, including mid-seams, risers, and lids shall be sealed using a bonding compound that meets ASTM
C 990-96, Standard Specification for Joints for Concrete Pipe, Manholes, and Precast Box Sections using Preformed Flexible
Joint Sealants, herein incorporated by reference.
(j) The State Health Office’s designated approval number for the receptacle, and the effective capacity of the receptacle in
gallons shall be cast or stamped into the wall or permanently stenciled or decaled onto the wall at the inlet end, to begin within
6 inches of the top of the wall. All identifying marks shall be inscribed or affixed at the point of manufacture only. All
information supplied in the legend shall be provided with a minimum of two inch high lettering.
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(k) Each compartment shall have access using manholes, with each manhole having a minimum area of 225 square inches.
Manholes shall be located so as to allow access to the inlet and outlet devices. A minimum 6-inch diameter opening shall be
placed at the inlet and outlet ends of the lid if a minimum 225 square inch access port is placed in the middle of the lid. The
access manhole over the inlet and outlet shall extend to within 8 inches of finished grade. If a riser is used, and if the riser
access lid opens directly to the receptacle interior, joints around the riser and receptacle shall be sealed and made watertight as
specified in paragraph 64E-6.013(2)(i), F.A.C., to prohibit intrusion of ground water into the receptacle. For multi-
compartment receptacles or receptacles in series, manholes shall extend to within 8 inches of finished grade over the first
compartment inlet and the last compartment outlet. An appropriate mechanism shall be provided to make access manholes
vandal, tamper, and child resistant. Acceptable protection of openings shall consist of one or more of the following methods as
specified by the manufacturer:
1. A padlock.
2. A twist lock cover requiring special tools for removal.
3. Covers weighing 58 pounds or more, net weight.
4. A hinge and hasp mechanism which uses stainless steel or other corrosion resistant fasteners to fasten the hinge and
hasp to the lid and receptacle for fiberglass, metal or plastic lids.
(l) Receptacle designs that specify a monolithic compartment wall from the bottom of the receptacle up to the invert of the
pass-through orifice and a drop-in section for the upper portion of the wall shall be approved for both single and multi-
compartment use.
(m) Treatment receptacles shall have a one-piece lid or a lid with a maximum of three sections. All lids shall be designed
by Licensed Engineers in accordance with paragraphs 64E-6.013(1)(e) and (f), F.A.C., and approved by the Department.
(3) Onsite wastewater treatment receptacle design approval. All onsite wastewater treatment receptacles distributed in the
state shall be approved for use by the department prior to being offered for sale or installed. Such approval shall not be
obtained until the manufacturer of a specific receptacle model has submitted the following:
(a) Detailed design drawings of the receptacle and lid showing:
1. Design calculations or proof testing results in accordance with subsection 64E-6.013(1), F.A.C.
2. Dimensions, including location and size of all inlets, outlets, access hatches, manholes and pass through orifices.
3. Effective capacity in gallons.
4. Freeboard or air space in gallons.
5. Production materials. For concrete receptacles include 28 day compressive strength, in pounds per square inch (psi).
6. Reinforcing materials. For concrete receptacles, include size and location of all rebar, if any; and fiber reinforcing
material size and quantity (in pounds) per cubic yard, if any.
(b) For concrete receptacles-see subsection 64E-6.013(5), F.A.C.
(c) For fiberglass and polyethylene receptacles-see subsection 64E-6.013(6), F.A.C.
(d) Certification that the receptacle has undergone flow testing to confirm the effective capacity, airspace, and water
tightness. Flow testing shall be conducted by an engineer licensed in the state of Florida, a third-party certified testing
laboratory or a Department employee. Test results shall be certified by the engineer, laboratory or state employee.
(e) Designs shall be submitted to the State of Florida Department of Health, Bureau of Onsite Sewage Programs.
(f) There shall be two receptacle design classifications. The following criteria shall be used for each category:
1. Category 3 receptacles shall be designed for saturated soil with the saturation at finished grade. The design shall provide
for a maximum of 18 inches of saturated soil cover over the top of the receptacle. Soil density shall be 100 pounds per cubic
foot. The lateral earth pressure coefficient (K) shall be no less than 0.33.
2. Category 4 receptacles shall be designed for saturated soil with the saturation at finished grade. The design shall provide
for a maximum of 48 inches of saturated soil cover over the top of the receptacle. Soil density shall be 100 pounds per cubic
foot. The lateral earth pressure coefficient (K) shall be no less than 0.33. Where a receptacle will be placed with greater than 48
inches of soil over the top of the receptacle, an engineer licensed in the state of Florida shall design the receptacle for the
specific conditions anticipated at the site.
(g) A series of receptacles may be approved by successful demonstration of the largest in a series of receptacles. Approval
for inclusion of the receptacles to be considered in a series must be obtained from the state health office prior to testing the
receptacles. A series is either where only one dimension, this being height, length, or width, is changed or where two
dimensions change in the same proportion to offer a different capacity of treatment receptacle.
(h) The manufacturer shall notify the state health office in writing, stipulating the date, time and location of the test, no less
than ten working days prior to the receptacle proof testing. The notice shall include the receptacles to be tested. Approval shall
not be granted until after successfully passing the required tests, and submitting the testing results.
(i) The department will issue an approval number to the manufacturer. Form DH 4012, “Application for Septage Disposal
Service Permit, Temporary System Service Permit, Septage Treatment and Disposal Facility, Septic Tank Manufacturing
Approval”, shall be used to apply for manufacturing approval. The form can be obtained from the department.
(4) Onsite wastewater treatment manufacturer’s yearly inspection – Yearly inspection of the manufacturer’s facility shall
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consist of the following:
(a) Verify that the manufacturer has the design mix recorded and in a readily accessible location for the plant operators.
(b) Verify that the production process is recorded and that the operators are following the process.
(c) Verify that the necessary tests are being conducted by a certified testing lab or by a technician certified by the ACI. The
preparation of the test specimens shall be performed by certified third party testing laboratory personnel; or manufacturers, or
their employees, that have successfully passed the ACI certification program. Each manufacturer shall submit a minimum of
three cylinders per year. The specimens shall be taken from a production mix.
(d) Verify that the manufacturer has the proper number of tests for the year and that the results are recorded. Review the
results for compliance with the design.
(e) Examine the material stockpiles to ensure that the materials are free from deleterious materials.
(f) Examine the measuring equipment to ensure that the equipment has been calibrated within the last year.
(g) Examine conveyors to insure that material is transported as measured.
(h) Inspect a minimum of five receptacles in the manufacturers’ inventory. For different series, a minimum of one
receptacle shall be inspected from each series. Report the following unacceptable defects:
1. Cracks in all interior and exterior surfaces of the receptacles.
2. Cold joint lines. This is an indication of non-monolithic pours. Examine both the interior and exterior of the receptacle
for confirmation of a cold joint that extends across the thickness of the wall.
3. Evidence of improper steel cover. Rebar and wire mesh shall not be exposed.
4. Watertight inlets and outlets shall be provided per rule.
(i) Where cold-joint lines that appear to extend through the wall, or cracks in any surface of the receptacle exist, conduct a
watertightness test on a maximum of two receptacles per ASTM C 1227-98, Standard Specification for Precast Concrete Septic
Tanks, paragraph 9.2. The receptacles shall not be tested until they have cured for 28 days. If there are no indications of cold-
joint lines that appear to extend through the wall, or cracking of receptacle surfaces, two receptacles shall be tested at random.
Record all data and submit results to the department.
(j) Verify that the manufacturer is not relocating the receptacles prior to the receptacle achieving 75% of the design
compressive strength. Record how this is accomplished.
(k) Conduct impact hammer tests-record data.
(l) Examination of the manufacturer’s receipts for material used during the previous year. Receptacle manufacturers shall
retain all receipts from the previous year for material used in the manufacture of treatment receptacles and make them available
for inspection.
(5) Concrete onsite wastewater receptacles shall be built of precast or poured in place concrete in accordance with ACI
318-99, Building Code Requirements for Structural Concrete (1999) or ASTM C 1227-98, Standard Specification for Precast
Concrete Septic Tanks (1998), except as revised herein.
(a) For design and analysis of concrete septic tanks, the publication “Rectangular Concrete Tanks” revised 5th edition
(1998), as published by the Portland Cement Association may be used at the designer’s discretion, herein incorporated by
reference. When computing length to height and width to height ratios the designer may interpolate between tables for
intermediate ratios and values or may use the table and values for the higher ratios.
(b) Temperature and shrinkage crack control in concrete receptacles shall be accomplished by use of steel reinforcing in
accordance with ACI 318-99 Chapter 16, or by use of fiber reinforcement. Minimum ratio of vertical and horizontal
reinforcement area to gross concrete area shall be 0.0010 for deformed bars or welded wire fabric. Fiber reinforcing materials
may be used by the manufacturer to achieve crack control equivalent to the use of deformed bars or welded wire fabric. To be
considered equivalent, acceptable fibers shall at least meet or exceed ACI recommendations regarding materials, fiber sizing,
and required fiber quantities. Any current or future revisions to the ACI recommendations may be used by the manufacturer, at
their option. Materials other than materials recognized by ACI for crack control use will not be acceptable. Minimum
reinforcement shall be as outlined in the document entitled Reinforcement Required to Meet paragraph 64E-6.013(5)(b),
F.A.C., dated April 15, 2005, herein incorporated by reference.
(c) Concrete mixes shall be in accordance with the Portland Cement Association (PCA) publication entitled PCA Design
and Control of Concrete Mixtures, Thirteenth Edition (1994), herein incorporated by reference.
(d) Terminology relating to concrete and concrete aggregates shall be in accordance with ASTM C 125-98, Standard
Terminology Relating to Concrete and Concrete Aggregates (1998), herein incorporated by reference.
(e) Concrete aggregates used in the manufacturing of all precast or poured-in-place concrete receptacles for use in onsite
sewage treatment and disposal systems shall conform to ASTM C 33-99, Standard Specification for Concrete Aggregates
(1999), herein incorporated by reference.
(f) Minimum concrete cover over structural steel reinforcing shall be 3/4 inches. The minimum bend radius for structural
reinforcing shall be three times the reinforcing bar diameter.
(g) Temperature and shrinkage crack control steel shall not be exposed. Exposure of fiber reinforcing is acceptable.
(h) Minimum 28-day compressive strength shall be 4000 psi.
(i) Three compressive test cylinders shall be prepared, cured, and tested in accordance with ASTM C 31-98, Standard
38
Practice for Making and Curing Concrete Test Specimens in the Field (1998), herein incorporated by reference, and ASTM C
39-96, Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens (1996), herein incorporated by
reference, at least one time every year, or whenever the manufacturer changes the design mix or the manufacturing process.
(j) The bottoms of concrete receptacles shall be monolithic and shall either be an integral part of the walls or shall be
sealed to the walls using water-stops cast into the wall and bottom. Receptacle bottoms shall not contain openings for any
purpose, for example, to facilitate the removal of rainwater.
(k) Approval of new designs shall not be granted until the following has been completed and submitted as part of the
application:
1. Establish a design mix and production process. Record the aggregate material, size and gradation; type and strength of
cement; cement to aggregate ratios; water to cement ratio; and any other pertinent design data. Record the production process,
for example; measuring equipment, batch sizes, mixing sequence, transportation techniques from mixer to mold, pouring
techniques with consolidation of concrete methods detailed.
2. Construct three receptacles using the design mix.
3. Test two sets of cylinders from the design mix at 7 days and 28 days.
4. Structural proof test three receptacles to the design strength in accordance with paragraph 64E-6.013(1)(b), F.A.C., for
receptacles having an effective capacity of 1350 gallons or less.
5. Structural proof test one receptacle to the design strength in accordance with paragraph 64E-6.013(1)(b), F.A.C., for
receptacles having an effective capacity greater than 1350 gallons but not more than 1500 gallons.
6. Structural proof test one receptacle or provide receptacle strength calculations in accordance with paragraph 64E-
6.013(1)(b), F.A.C., for receptacles having an effective capacity exceeding 1500 gallons.
7. Verify that the manufacturer is not removing receptacles from the producer’s facility prior to the receptacle achieving
75% of the design compressive strength. Record how this is accomplished.
(6) The following structural requirements are applicable to fiberglass and polyethylene receptacles:
(a) Materials and sealants used in the receptacle manufacturing process shall be capable of effectively resisting the
corrosive influences of the liquid components of sewage, sewage gases and soil burial. Materials used shall be formulated to
withstand shock, vibration, normal household chemicals, deterioration from sunlight and other environmental factors.
(b) Fiberglass receptacles shall be constructed so that all parts of the receptacle meet the following mechanical
requirements. A test report from an independent testing laboratory is required to substantiate that individual receptacle designs
and material formulations meet these requirements.
1. Ultimate tensile strength – minimum 12,000 psi when tested in accordance with ASTM D 638-98, Standard Test
Method for Tensile Properties of Plastics (1998), herein incorporated by reference.
2. Flexural strength – minimum 19,000 psi when tested in accordance with ASTM D 790-98, Standard Test Methods for
Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials (1998), herein incorporated by
reference.
3. Flexural modulus of elasticity – minimum 800,000 psi when tested in accordance with ASTM D 790-98 Standard Test
Methods for Flexural Properties of Unreinforced and Reinforced Plastics and Electrical Insulating Materials (1998), herein
4. Not less than 30 percent of the total weight of the fiberglass receptacle shall be fiberglass reinforcement.
5. Internal surfaces shall be coated with an appropriate gel coating or resin to provide a smooth, pore-free, watertight
surface.
(c) Polyethylene receptacles shall meet the requirements of International Association of Plumbing and Mechanical
Officials (IAPMO) PS 1-93, Paragraph 5.4 “Polyethylene”, herein incorporated by reference. Where the requirements of
IAPMO PS 1-93 Paragraph 5.4 “Polyethylene” conflict with the standards in this section, the standards in this section shall
apply. A test report from an independent testing laboratory is required to substantiate that individual receptacle designs and
material formulations meet these requirements.
(d) Approval of new designs shall not be granted until the following has been completed and submitted as part of the
application:
1. Establish a design mix and production process. Record the material specifications and other pertinent design data.
Record the production process, for example; measuring equipment, batch sizes, mixing sequence, transportation techniques
from mixer to mold, and spraying techniques.
2. Construct three receptacles using the design mix.
3. Test two sets of test strips from the design mix.
4. Structural proof test three receptacles to the design strength per paragraph 64E-6.013(1)(c), F.A.C., for receptacles
having an effective capacity of 1350 gallons or less.
5. Structural proof test one receptacle to the design strength in accordance with paragraph 64E-6.013(1)(c), F.A.C., for
receptacles having an effective capacity greater than 1350 gallons.
6. Verify that the manufacturer is not planning to relocate the receptacles prior to the receptacle achieving 75% of the
design compressive strength. Record how this is accomplished.
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(7) Grease interceptors are not required for a residence. However, one or more grease interceptors are required where
grease waste is produced in quantities that could otherwise cause line stoppage or hinder sewage disposal. The design of grease
interceptors shall be based on standards found in paragraph (a) below. In addition, the following general requirements found in
paragraphs (b), (c), and (d), apply when determining the proper use and installation of a grease interceptor used as a component
of an onsite sewage treatment and disposal system.
(a) The inlet invert shall discharge a minimum 2 1/2 inches above the liquid level line and the outlet pipe shall have a tee
with a minimum diameter of 4 inches that extends to within 8 inches of the bottom of the tank.
(b) Interceptors must be located so as to provide easy access for routine inspection, cleaning and maintenance. Manholes
shall be provided over the inlet and outlet of each interceptor and be brought to finished grade.
(c) Where a grease interceptor is required or used, only kitchen wastewater shall first pass through the interceptor and then
be discharged into the first compartment of a septic tank or other approved system.
(d) Sizing of grease interceptors shall be based on the equations below. The minimum volume of any grease interceptor
shall be 750 gallons and the maximum volume of an individual single grease interceptor chamber shall be 1250 gallons. When
the required effective capacity of the grease interceptor is greater than 1250 gallons, installation of multi-chambered grease
interceptors or grease interceptors in series is required.
1. Restaurants: (S) X (GS) X (HR/12) X (LF) = effective capacity of grease interceptor in gallons.
S = number of seats in the dining area.
GS = gallons of wastewater per seat; use 25 gallons for ordinary restaurant, use 10 gallons for single service article
restaurants.
HR = number of hours establishment is open.
LF = loading factor: use 2.0 interstate highways, 1.5 other freeways, 1.25 recreational areas,
1.0 main highways, and 0.75 other roads.
2. Other type establishments with commercial kitchens: (M) X (GM) X (LF) = effective capacity of grease interceptor in
gallons.
M = meals prepared per day.
GM = gallons of wastewater per meal: use 5 gallons.
LF = loading factor: use 1.00 with dishwashing and 0.75 without dishwashing.
(8) Laundry waste interceptor – when a separate system is installed to accept effluent from a single home washing machine
only, the retention tank or interceptor for such system shall meet the following minimum standards:
(a) The minimum effective capacity shall be 225 gallons for establishments with an estimated sewage flow of up to 300
gallons per day and shall be increased by 50 gallons for every 100 gallons of additional daily sewage flow.
(b) The interceptor shall be provided with a vented inlet tee, vented sweep, or a baffle.
(c) The interceptor shall not receive waste flow from kitchen fixtures or be used as a grease trap.
(9) Pump tanks and pumps – when used as part of an onsite sewage treatment and disposal system, the following
requirements shall apply to all pump tanks manufactured for use in Florida unless specifically exempted by other provisions of
these rules:
(a) Pump tanks shall have a minimum effective capacity measured from the bottom of the tank to the top of the tank in
accordance with Table II. At least 80% of the required effective capacity shall be contained below the invert of the inlet. Pump
levels shall be set as low as practical to preserve as much reserve capacity as possible in the event of pump failure.
(b) Construction standards for pump tanks shall be the same as for treatment receptacles, except that single compartment
tanks are allowed.
(c) The electrical conduit and effluent dosing pipe shall exit the dosing chamber:
1. Through the tank outlet using plumbing fittings and reducers to produce a watertight seal,
2. When risers are used, the electrical line and the effluent dosing pipe may penetrate the riser wall provided the
penetration is above the wet season high water table elevation and there is a soil-tight seal around the penetrations. When the
top of the dosing tank is placed more then 8 inches below the finished grade, risers shall be used to provide access within 8
inches of the finished grade. Where risers are used, risers shall be attached to the tank in accordance with paragraph 64E-
6.013(2)(i), F.A.C. The unused tank outlet shall be sealed with a length of capped PVC pipe installed in accordance with
paragraph 64E-6.013(2)(f), F.A.C., or
3. Through a 2 to 4 inch access port installed in the tank lid by the manufacturer as approved by the State Health Office.
After installation the port must be sealed with a bonding compound per paragraph 64E-6.013(2)(i), F.A.C. Unused ports shall
be sealed watertight with cement or bonding compound or with a length of capped PVC pipe.
(d) When a pump is used as part of a system, the following conditions shall apply.
1. Pumps used to distribute sewage effluent must be certified by the manufacturer to be suitable for such purpose. The use
of a timer as a part of any pump system shall not be allowed unless it is part of a design submitted by an engineer, or master
septic tank contractor, and is approved by the department. Pumps shall be designed in accordance with the May, 1985, Sump,
Effluent and Sewage Pump Manufacturers Association standards for the purpose intended, herein incorporated by reference.
2. An audio and visual high water alarm shall be provided in a conspicuous location visible by system users to warn of
40
pump failures. If the alarm is located outdoors, the alarm shall be waterproof and specified by the manufacturer for outdoor
use.
3. A pump shall be placed in a separate compartment or tank, except when using a pump chamber insert. Except as noted
below, any compartment or tank in which a pump is located shall not be considered when determining total effective capacity
of a septic tank.
4. A pump chamber insert may, at the applicant’s discretion, be used to house a pump inside a septic tank. If a pump
chamber insert is used, it must be approved for use by the State Health Office. Approval shall be based on the ability of the
pump chamber insert to effectively filter solids from the effluent prior to intake by the pump. The efficiency of solids removal
by the pump chamber insert must be at least equal to a currently approved outlet filter device. Pump chamber inserts that do not
meet these criteria shall not be approved and shall not be used. The filter device used as part of the pump chamber insert shall
be considered to meet the requirement of using an outlet filter device for purposes of subsection 64E-6.008(2), F.A.C. The tank
or compartment used to house the pump chamber insert shall be included in calculating the minimum effective capacity of the
tank, subject to the following conditions:
a. When placed in a compartmentalized tank or tanks in series, the pump chamber insert shall be placed in the last chamber
or tank. When placed in a single compartment tank, the pump chamber insert shall be placed as close to the outlet side of the
tank as possible. In no case shall the insert be placed farther than 1/2 the distance to the inlet as measured from the outlet of the
tank. The pump chamber insert and filter shall be accessible for routine maintenance. The manufacturer shall provide
instructions on how to maintain the filter unit and the insert device.
b. Pump levels shall be set so that the high water alarm is activated when the liquid level of the tank will exceed the height
of the inlet invert of the tank. The pump-on switch shall be set to maintain the greatest possible effective capacity of the tank,
and in no case shall it be set higher than 1 inch below the inlet invert. Floats used for operation of the pump shall be allowed
outside the pump chamber insert.
c. The intake openings of the pump chamber insert shall not be located within 12 inches of the bottom of the tank, or
within 12 inches of the liquid level line of the tank.
d. The volume discharged by the pump shall not exceed 1/4 of the average daily sewage flow in any dose.
e. A pump chamber insert shall not be used when the total absorption area for the system is greater than 1000 square feet,
or when automatic dosing is required.
f. For new system installations, in addition to the requirements above, the total septic tank capacity shall include the
required minimum septic tank effective capacity, which shall be contained below the pump-off switch level, plus the pumping
tank capacity per Table II, plus the required 15% airspace.
g. For repair installations, in addition to the requirements of subparagraphs a. through e. above, pump chamber inserts shall
not be used in an existing septic tank of less than 750 gallons effective capacity. In addition, the minimum tank liquid depth
shall be 36 inches below the pump-off switch level and the minimum effective capacity contained below the pump-off switch
level shall be within two tank sizes of that required in Rule 64E-6.008, F.A.C., Table II. The total septic tank capacity shall
include the minimum effective capacity within two tank sizes of required tank size, plus dosing capacity, plus dosing reserve
capacity equal to the dosing capacity, plus freeboard or air space capacity which is equal to 15% of the minimum effective
capacity.
(10) Transportation and installation.
(a) Onsite wastewater receptacles shall not be removed from the manufacturer’s facility until the compressive strength of
the concrete has reached 75% of the design strength. Use of concrete industry published graphs or tables indicating
compressive strength vs. concrete age for the design mix are satisfactory proof of strength.
(b) Tanks shall be installed level from end to end and side to side. As used in this context, level includes a slope from the
inlet end to the outlet end or from side to side of the tank not exceeding one-half inch over the entire length or width of the
tank. The tank shall not be approved with any pitch upward from the inlet end to the outlet end of the tank.
(c) If a pumping device has been placed in the building sewer, an inlet device shall be used.
(d) Cast in place tanks or tanks manufactured with water stops below the invert of the outlet, and tanks with seams below
the invert of the outlet shall be watertightness tested in accordance with ASTM C 1227-98, Standard Specification for Precast
Concrete Septic Tanks, paragraph 9.2.2, after installation in the field.
(e) The excavation for the installation of a wastewater receptacle shall be level and free of debris and rocks that could
damage the receptacle or prevent proper leveling, backfilling or compaction. Backfill material shall be free of rocks and debris.
The installer shall refer to the receptacle manufacturer’s installation instructions to prevent the receptacle from settling or
floating or from being damaged or distorted.
(11) Repair of receptacles – Repairs shall be allowed for receptacles prior to shipment per ASTM, ACI, PCA and National
Precast Concrete Association (NPCA), Septic Tank Manufacturing Best Practices Manual (1998), standards and publications.
Tanks damaged after they leave the manufacturer’s facility may be repaired for the following defects:
(a) Chips and cracks that occur above the invert of the outlet.
(b) Chips that occur below the invert of the outlet, provided that such chips do not penetrate more than 1/3 of the wall or
bottom thickness.
41
10D-6.55, Amended 3-17-92, 1-3-95, Formerly 10D-6.055, Amended 11-19-97, 2-3-98, 3-22-00, 4-21-02, 5-24-04, 11-26-06,
6-25-09, 4-28-10.
64E-6.014 Construction Standards for Drainfield Systems.

(1) Distribution box – where distribution boxes are used for distributing sewage from the septic tank or other waste
receptacle to the drainfield lines, the following requirements shall be adhered to:
(a) Distribution boxes shall be watertight, constructed of durable materials, have adequate structural strength, and be of
sufficient size to accommodate the required number of drain pipe lines.
(b) Each drainfield line shall be connected individually to the box.
(c) The invert of inlets to the box shall be at least 1 inch above the invert of the outlets. The invert of all outlets shall be
level with respect to each other.
(d) The distribution box shall be built as a separate unit from the septic tank and shall be set level on solid ground or in
mineral aggregate.
(2) Header pipe – header pipe, when used, shall be installed in compliance with the following requirements:
(a) Header pipe shall meet one or more of the following requirements:
1. ASTM D 3034-98, Standard Specification for Type PSM Poly (Vinyl Chloride)(PVC) Sewer Pipe and Fittings (1998),
2. ASTM D 2729-96 Standard Specification for Poly (Vinyl Chloride)(PVC) Sewer Pipe and Fittings (1996), herein
3. AASHTO M252M-96 Standard Specification for Corrugated Polyethylene Drainage Pipe (1996), herein incorporated by
reference. Materials used to produce this pipe shall meet ASTM D 3350-98a, Standard Specification for Polyethylene Plastics
Pipe and Fittings Materials (1998), Cell Classification 324420C, herein incorporated by reference.
4. ASTM F 405-97, Standard Specification for Corrugated Polyethylene (PE) Pipe and Fittings (1997), herein incorporated
by reference. Materials used to produce this pipe shall meet ASTM D 3350-98a, Standard Specification for Polyethylene
Plastics Pipe and Fittings Materials (1998), Cell Classification 324420C or E, herein incorporated by reference.
5. ASTM F 810-99, Standard Specification for Smoothwall Polyethylene (PE) Pipe for Use in Drainage and Waste
Disposal Absorption Fields (1999), herein incorporated by reference. Materials used to produce this pipe shall meet ASTM D
3350-98a (1998), Standard Specification for Polyethylene Plastics Pipe and Fittings Materials, Cell Classification 32442C or E,
(b) Corrugated or smooth wall fittings (elbows, tees and crosses) shall be acceptable for gravity flow headers. Header pipe
interior shall be smooth. Header pipe shall have a minimum inside diameter of 4 inches for gravity flow applications. Header
pipe shall not be perforated.
(c) The header pipe shall be laid level with direct, connections to each drainfield line and the septic tank outlet pipe. When
installed in a drainfield which uses mineral aggregate, the header pipe shall be encased in mineral aggregate, and shall be
included as part of the drainfield area. Gravity flow header pipes, when installed within the mineral aggregate drainfield, may
be non-watertight but shall be soil tight. Snap connections are acceptable. On non-mineral aggregate systems, header pipe must
be supported by soil. All connections shall be such that all joints or fittings are firmly connected to pipes. When a drainfield
system is a pumped system, the header pipe and fittings shall be smooth-walled and watertight. Where the header pipe is not
within the absorption surface area it shall not be included in drainfield size calculations, but shall be considered part of the
system. The header pipe shall be designed to distribute effluent as equally as practical to each individual drainline and shall be
supported so that the header is laid level.
(d) Pipe which connects the septic tank outlet to the header pipe or a distribution box shall comply with the strength and
material standards for header pipe as specified in this subsection.
(3) Low-Pressure dosing – where the total required area of drainfield is greater than 1000 square feet or where the
applicant proposes to use low-pressure dosing, an automatic dosing device discharging into a low pressure distribution network
consisting of 2 inch or smaller diameter schedule 40 PVC or equal pipe with 1/2 inch or smaller diameter drilled holes shall be
used. All piping shall use solvent welded connections or equal throughout to prevent dislocation of connections under pressure.
The network shall be designed for equal distribution of effluent. For the purposes of this section, equal distribution shall mean
that the flow from the least effective hole in the network shall deliver no less than 75% of the flow from the most effective
hole. The selected pump capacity (as measured in Gallons Per Minute) versus total dynamic head shall be indicated on a pump
curve and shall be shown by calculation to achieve an effluent velocity through the network of at least 2 ft per second to the
first exit hole on each lateral. Each line of the pressure network shall individually connect to a pressure manifold and be sealed
on their distal ends and shall not be looped with other lines regardless of whether the drainfield is a bed or a trench or whether
it is in a mound, filled subsurface installation. Plans and equipment specifications for low-pressure dosing systems shall be
approved by the department prior to construction or installation.
42
(a) Dosing systems with 2000 square feet of drainfield or less shall consist of a pump tank that receives the flow from a
septic tank or other sewage waste receptacle. Two pumps shall be required for commercial use where dosing is required due to
drainfield size or where gravity flow into the drainfield is not possible, and estimated establishment sewage flows exceed 500
gallons per day. Where more than one pump is used, the pumps shall dose alternately. Where dosing is required for a
commercial system for flows of 500 gallons or less per day, only one pump shall be required if the drainfield does not exceed
2000 square feet.
(b) Systems having more than 2000 square feet of drainfield shall have a minimum of two dosing pumps, with each pump
serving a proportionate amount of the total required absorption area. The pumps shall dose alternately.
(c) The volume dosed between the pump operating levels shall be adequate to assure that the entire drain pipe network is
filled at least four times each cycle.
(d) When a drainfield is installed in slightly limited soil, operating levels shall be adjusted to dose the drainfield a
maximum of six times in a 24 hour period. For moderately limited soils the drainfield shall be dosed no more than four times in
a 24 hour period. More frequent dosing may be allowed with systems designed by engineers licensed in the state of Florida.
(e) The distribution network for drainfields having an absorption area less than 1500 square feet shall be designed by a
Florida licensed professional engineer or a master septic tank contractor. The network for drainfields having an absorption area
of 1500 square feet or larger shall be designed by a Florida licensed professional engineer.
(f) Drip emitter systems shall be designed in accordance with subsection 64E-6.009(5), F.A.C.
(4) Lift dosing – Where a septic tank or sewage waste receptacle is placed too low to permit gravity flow into a properly
designed, constructed and located drainfield, a pump tank with a pump or similar type device shall be used to lift the effluent to
a properly constructed header pipe or distribution box for effluent distribution by gravity to the drainfield. This provision shall
apply only to drainfields of 1000 square feet or less of total area. Tank size and pumps with effluent level controls and alarms
shall be set in accordance with the requirements set forth in subsection 64E-6.013(9), F.A.C.
(5) Drain trenches and absorption beds – drain trenches and absorption beds are the standard subsurface drainfield systems
used for disposing of effluent from septic tanks or other sewage waste receptacles. When used, these systems shall be
constructed as specified below.
(a) When utilizing the standard drain trench method, the width of the trench at the bottom shall not exceed 36 inches. For
trenches of 12 inches or less, there shall be a minimum separation distance of 12 inches between the sidewalls of adjacent
trenches; trenches greater than 12 inches require a minimum 24 inch separation between the sidewalls of adjacent trenches.
(b) The trench method shall be the preferred method. Absorption beds may be used in lieu of the standard drain trench
method. An absorption bed consists of an area in which the entire earth content of the required absorption area is removed and
replaced with aggregate and distribution pipe or other approved alternative drainfield components. The distance between the
centers of distribution lines in standard beds shall be a maximum of 36 inches. The distance between the sidewall of the bed
and the center of the outside drain line shall be no more than 18 inches, but shall not be less than six inches. Where header pipe
is used in lieu of a distribution box, the header shall extend to within 18 inches of the bed sidewalls. In no case shall the bottom
surface of an absorption bed exceed a total of 1500 square feet. Where two or more beds are used to obtain the necessary
absorption area, there shall be a minimum 10 foot separation between the sidewalls of adjacent absorption beds. Absorption
beds shall be designed to achieve the maximum length to width ratio practical.
(c) When installing a drainfield system that uses mineral aggregate, all portions of the header pipe and perforated drain
pipe shall be installed in aggregate conforming to ASTM C33-86 or lightweight aggregate conforming to ASTM C330-87
meeting State of Florida Department of Transportation (FDOT) specifications under Section 901, “Standard Specifications for
Road and Bridge Construction, 1991” and the following gradation requirements.
Sieve 2 IN. 1 1/2 IN. 1 IN. 3/4 IN. 1/2 IN. 3/8 IN. No. 4
size
Percent 90-100 35-100 15-100 0-70 0-50 0-30 0-5
passing
In addition, not more than 3.75% by weight of the aggregate material at the point of use shall pass a #200 sieve.
1. Approved materials for drainfield mineral aggregate shall be limestone, slag, quartz rock, granite, river gravel, recycled
crushed concrete, lightweight aggregate and other equally durable materials.
2. The aggregate shall be labeled as drainfield aggregate on the freight bill-of-lading. Effective March 1, 1995, a copy of
the freight bill-of-lading shall be part of the documentation of aggregate size and quality and records shall be available for
department review for a period of two years from the date of purchase. This bill-of-lading shall clearly certify that the material
meets the requirements for drainfield use.
(d) Mineral aggregate material shall have a total depth of at least 12 inches extending throughout the width of the trench or
absorption bed. The distribution pipe shall have a minimum of six inches of aggregate under the pipe, but shall not exceed 10
inches under the pipe when the total depth of aggregate is 12 inches.
43
(e) The drainfield in place shall be protected from infiltration of earth backfill by a barrier of polyester bonded filament.
The barrier shall be placed on top of the drainfield only. For alternative drainfield systems any required earth backfill barrier
shall be as specified by the alternative system manufacturer, which must be approved by the department at the time of the
initial alternative drainfield approval.
(f) Providing the requirements of subsections 64E-6.006(1), (2) and (6), F.A.C., are met, the maximum depth from the
bottom of the drainfield to the finished ground surface shall not exceed 30 inches after natural settling. The minimum earth
cover over the top of the drainfield, distribution box or header pipe in standard subsurface drainfields shall be 6 inches after
natural settling.
(g) The inside diameter of the drain pipe used in drainfields shall be determined based on the type and design of the
proposed absorption system. However, for standard gravity aggregate drainfield systems, inside pipe diameter shall not be less
than 4 inches. Perforated pipe shall have two rows of holes, and a minimum perforated area of 1 1/2 square inches per linear
foot. Perforations shall be located not less than 30º or more than 60º from the vertical on either side of the center line of the
bottom of the pipe. However, for drainfield systems designed by an engineer, drainpipe perforation area and hole configuration
shall assure that effluent is distributed as equally as possible throughout the drainfield area. All plastic pipe shall conform to
the standards of ASTM D 3034-98, Standard Specification for Type PSM Poly (Vinyl Chloride) (PVC) Sewer Pipe and
Fittings (1998), herein incorporated by reference, ASTM F 405-97, Standard Specification for Corrugated Polyethylene (PE)
Pipe and Fittings (1977), herein incorporated by reference, or ASTM F 810-99 (1999), herein incorporated by reference.
(h) Depending on the type of drainfield system being utilized, the drainfield absorption surface shall be constructed level
or with a downward slope not exceeding one inch per 10 feet. Drain lines shall be placed at the same slope as the drainfield
absorption surface.
(i) The maximum length of drain lines shall not exceed 100 feet for all gravity-fed and lift-dosed drainfields, and where
two or more drain lines are used, they shall be, as near as practical, the same length. The ends of two or more drain lines in bed
and mound systems shall be connected to produce a continuous circuit. A continuous circuit arrangement is also recommended
but not required for standard drain trench systems. However, when a continuous circuit arrangement is not used, the distal ends
of the drain lines shall be capped or sealed.
(j) No part of a drainfield shall be placed within 18 inches of the treatment or pump tank.
(k) If lots are encountered whereby a standard drainfield system cannot meet drainfield slope or soil cover requirements, a
drop box configuration for sloping lots as per Section 7.2.8.1, Chapter 7, EPA 625/1-80-012, Design Manual for Onsite
Wastewater Treatment and Disposal Systems, such section hereby incorporated by reference, may be used at the installer’s
discretion for drainfield construction.
10D-6.56, Amended 3-17-92, 1-3-95, Formerly 10D-6.056, Amended 2-3-98, 3-22-00, 5-24-04, 11-26-06, 6-25-09.
64E-6.015 Permitting and Construction of Repairs.

All repairs made to a failing onsite sewage treatment and disposal system shall be made only with prior knowledge and written
approval from the DOH county health department having jurisdiction over the system. Approval shall be granted only if all of
the following conditions are met:
(1) Any property owner or lessee who has an onsite sewage treatment and disposal system which is improperly constructed
or maintained, or which fails to function in a safe or sanitary manner shall request from the DOH county health department,
either directly or through their agent, a permit to repair the system prior to initiating repair of the system. A permit shall be
issued on Form DH 4016 only after the submission of an application accompanied by the necessary exhibits and fees. Form
DH 4015 shall be used for this purpose, and can be obtained from the department. Applications shall contain the following
information:
(a) A site plan showing property dimensions, the existing and proposed system configuration and location on the property,
the building location, potable and non-potable water lines, within the existing and proposed drainfield repair area, the general
slope of the property, property lines and easements, any obstructed areas, any private or public wells, or any surface water
bodies and stormwater systems in proximity to the onsite sewage system which restricts replacement or relocation of the
drainfield system. The existing drainfield type shall be described. For example, mineral aggregate, non-mineral aggregate,
chambers, or other.
(b) The size of the septic tank or other treatment tank currently in use and the approximate square footage and elevation of
the drainfield existing on the site.
(c) The quantity and type of waste being discharged to the system. Where water use records cannot be obtained, estimates
shall be made from values found in Rule 64E-6.008, Table I, F.A.C.
(d) The soil textures encountered within the existing and proposed drainfield areas, and the estimated water table during
the wettest season of the year.
(e) Any unusual site conditions which may influence the system design or function such as sloping property, drainage
44
structures such as roof drains or curtain drains, and any obstructions such as patios, decks, swimming pools or parking areas.
(f) The person performing the site evaluation shall provide a brief description of the nature of the failure which is
occurring.
(2) Site evaluations necessary to obtain the above referenced information shall be conducted at the expense of the owner or
lessee by department personnel, by an engineer who is licensed in the State of Florida or by other qualified persons as per
subsection 64E-6.004(3), F.A.C. Site specific information may be obtained by the applicant through examination of department
records of permits previously issued for the site.
(3) When a repair is to be performed on a failing system in which the contractor will be using any method other than
drainfield addition or replacement, the following additional permit application information shall be submitted to the county
health department by the contractor in addition to the information required in subsections 64E-6.015(1) and (2), F.A.C.
(a) The process used to repair the system. Examples include high-pressure water jetting of
drainlines and high-pressure injection of air alongside the drainfield. Such information shall include the manner in which
the proposed repair will take place. The manufacturers recommended method for product use, quantities and concentration of
product, shall be included in this information.
(b) Any chemical compound to be introduced into the system in an effort to repair the system shall be identified by
chemical composition or trade name, including the concentration and quantity of product used. The method of product
introduction shall be stated. For example, product introduced through the distribution box.
(c) Any repair method proposed which intends to physically disrupt the absorption surface shall include a drawing of the
drainfield system that includes a diagram of the sites where the absorption surface will be disrupted. The depth of each
disruption shall be recorded at each site.
(4) Where the absorption surface of the drainfield is within 6 inches of the wet season high water table, an alternative
repair method addressed in subsection 64E-6.015(3), F.A.C., shall not be used. The existing drainfield shall be removed and a
replacement drainfield shall be installed in accordance with all other repair criteria, including separation from seasonal high
water table and drainfield sizing. Paragraph 64E-6.015(6)(f), F.A.C., shall be used to determine septic tank conformance.
(5) The department shall make every effort to issue a permit within 2 working days after receiving the application for
system repair. Repair permits shall be valid for 90 days from the date of issuance. However, if the system is maintained to not
create a sanitary nuisance, a repair permit shall be extended for one 90 day period.
(6) Construction materials used in system repairs shall be of the same quality as those required for new system
construction. Aggregate and soil in spoil material from drainfield repairs shall not be used in system repair in any manner.
Undamaged infiltration units, pipes and mechanical components may be reused on the original site. Any spoil material taken
off site shall be disposed of in a permitted landfill or shall be limed and stockpiled for at least 30 days to prevent a sanitary
nuisance. Offsite spoil material stockpile areas shall meet the prohibition requirements of subsection 62-701.300(2), F.A.C.
The resulting lime-treated material shall not be used for drainfield repair, or construction of any onsite sewage treatment and
disposal system. Any use of the lime treated material shall not cause a violation of Chapter 386 F.S., and shall not impair
groundwater or surface water. Mineral aggregate and soil in spoil material may, at the option of the septic tank contractor and
the property owner, be buried on site if limed before burial. Lime amount must be sufficient to preclude a sanitary nuisance.
Depth of seasonal high water table to the spoil material must be at least six inches. Setbacks for buried spoil material shall be
the same as for onsite sewage treatment and disposal system drainfields. A minimum of six inches of slightly or moderately
limited soil shall cover the spoil material and shall extend to at least five feet around the perimeter of the burial site. Any
failing system shall, at a minimum, be repaired in accordance with the following criteria:
(a) System repairs shall comply with minimum setbacks and separations as specified in Rule 64E-6.005, F.A.C. If current
required setbacks and separations cannot be met, lesser setbacks as specified in Table V shall be maintained. For repairs only,
if current required setbacks given below cannot be attained, absolute minimum setbacks shall be met. When site conditions
exist which allow either absolute or current required setbacks to various features, current required setbacks shall be maintained
from features with the highest protection factor. Setbacks to features with lower protection factors shall be reduced to the
maximum setback or separation attainable, with no less than the absolute minimum setback allowed. A standard gravity flow
system is to be used when possible to achieve the appropriate separations of absorption surface to seasonal high water and
effective soil depth.
45
TABLE V
Repair System Setback Requirements
Permit Date Description Protection Current Absolute
of Original of Factor Required Minimum
System Setback Setback Setback
(Separation)
_____________________________________________________________________________
Prior System to a Private 6 75 feet Greatest of the
to Potable Well Following:
1-1-72 a) Maximum
Setback (<75 feet
and >50 feet)
b) Original
Setback (if >50
feet)
c) 50 feet
_______________________________________________________________
Bottom of Drainfield 5 24 inches Greatest of the
Absorption Surface Following:
to Wet Season Water a) Maximum
Table Separation
(>6 inches)
b) Original
Separation (if >6
inches)
c) 6 inches
_______________________________________________________________
Effective Soil Depth 5 42 inches Greatest of the
Following:
a) 24 inches
b) Maximum
Separation (>12
inches)
c) 12 inches
_______________________________________________________________
System to Surface 4 50 feet Greatest of the
Water Following:
a) Maximum
Setback (>25 feet
and <50 feet)
b) Original
Setback (if >25
feet)
c) 25 feet
_________________________________________________________________
System to 3 50 feet Greatest of the
Non-Potable Well Following:
a) Maximum
Setback (>25 feet
and <50 feet)
b) Original
Setback (if >25
feet)
c) 25 feet
_________________________________________________________________
46
Drainfield Sidewall 2 4 feet Greatest of the
to Start of Slope Following:
a) Maximum
Separation (>2.5
feet)
b) 2.5 feet
_________________________________________________________________
System to Property 1 5 feet Greatest of the
Line or Building Following:
Foundation a) Maximum
Setback
(>2 feet)
b) 2 feet
_______________________________________________________________________________
1-1-72 System to a Private 6 75 feet Greatest of the
to Potable Well Following:
12-31-82 a) Maximum
Setback (<75 feet
and >50 feet)
b) Original
Setback (if >50
feet)
c) 50 feet
_________________________________________________________________
to Wet Season Water a) Maximum
Table Separation (<24
inches and >6
inches)
b) Original
Separation (if >6
inches)
c) 6 inches
_________________________________________________________________
Following:
a) 36 inches
b) Maximum
Separation
(> 24 inches)
c) 24 inches
_________________________________________________________________
Water Following:
a) Maximum
Setback (<75 feet
and >50 feet)
b) Original
Setback (if >50
feet)
c) 50 feet
_________________________________________________________________
47
System to 3 50 feet Greatest of the
Non-Potable Well Following:
a) Maximum
Setback (<50 feet
and >25 feet)
b) Original
Setback (if >25
feet)
c) 25 feet
_________________________________________________________________
Drainfield Sidewall 2 4 feet Greatest of the
to Start of Slope Following:
a) Maximum
Separation
(>3 feet)
b) 3 feet
_________________________________________________________________
Setback
(>2 feet)
b) 2 feet
_______________________________________________________________________________
1-1-83 to System to a Private 6 75 feet 75 feet
Present Potable Well
_________________________________________________________________
to Wet Season Water a) Existing
Table elevation
(>12 inches)
b) 12 inches
_________________________________________________________________
Following:
a) Maximum
Separation (>36
inches)
b) 36 inches
_________________________________________________________________
Water Following:
a) Maximum
Setback (if >50
feet)
b) 50 feet
_________________________________________________________________
System to 3 50 feet 50 feet
Non-Potable Well
_________________________________________________________________
Drainfield Sidewall 2 4 feet 4 feet
to Start of Slope
_________________________________________________________________
48
Setback
(if >2 feet)
b) 2 feet
Footnotes to Table V:
1. For sites which contain oolitic limestone, the minimum effective soil depth shall be 12 inches regardless of the date the
original system was installed provided that the wet season water table is a minimum of 4 feet below the bottom surface of the
drainfield.
2. Where severely limited soil underlies the drainfield, soil removal and replacement shall be performed as per Footnote 3.
to Table III.
(b) For systems permitted on or after January 1, 1983, if system failure is due to excessive hydraulic loading, the original
permitted drainfield shall be allowed to remain in service but shall have additional drainfield added to it. The resulting system
drainfield size shall be 50 percent larger than the drainfield originally permitted, or shall be in compliance with drainfield
sizing criteria specified in Rules 64E-6.008 and 64E-6.009, F.A.C., whichever is larger.
(c) Minimum sizing of drainfield repairs for residential systems installed prior to 1983 shall be based on the criteria
specified below. Failed drainfields shall be replaced with drainfields meeting, at a minimum, the sizing criteria specified
below.
1. If sufficient area is available, the existing drainfield can be left in place and used as part of the system. A new drainfield
equal in size to, and separate from, the existing drainfield shall be added and flow directed to both the old and new drainfield.
2. Table VI and VII values are for subsurface and filled systems if the existing drainfield cannot be used as part of the
repair. Mound trench systems shall be sized 10 percent larger than the values below and 20 percent larger if absorption beds are
installed in the mound. The amount of drainfield installed during the repair shall not be less than the amount the system had
prior to the repair.
TABLE VI
Residential Sizing for Slightly Limited Soil Textures
Number of Square Feet of Square Feet of

Bedrooms Trench Area Absorption Bed
1 75 100
2 150 200
3 225 300
4 300 400
Add per bedroom 75 100
TABLE VII
Residential Sizing for Moderately Limited Soil Textures
Number of Square Feet of Square Feet of

Bedrooms Trench Area Absorption Bed
1 100 125
2 200 250
3 300 375
4 400 500
Add per bedroom 100 125
(d) Repairs of commercial systems installed prior to 1983 shall be based on the following criteria:
1. Sewage flows shall be determined from values found in Table I of Rule 64E-6.008, F.A.C., or on the highest monthly
flow for the previous 18 month period from documented water use records, whichever is higher.
2. Failed drainfields shall at a minimum, meet the sizing criteria specified below.
a. If sufficient room is available, the existing drainfield can be left in place and used as part of the system. A new
drainfield equal in size to, and separate from, the existing failed drainfield shall be added.
b. Sewage loading rates to trench or absorption bed bottom areas shall be in accordance with the values in Table VIII
which are applicable to subsurface and filled drainfield systems if the existing drainfield is replaced with a new drainfield.
Mound trench systems shall be sized 10 percent larger than the values below and 20 percent larger if absorption beds are
installed in the mound.
49
TABLE VIII
Drainfield Sizing for Commercial Systems Installed
Prior to 1983
in gallons/square foot/day
Trenches Absorption Beds

Slightly limited textures 1.00 0.80
Moderately limited textures 0.65 0.50
(e) Where the cause of system failure is determined to be from root clogging of the distribution box or drainfield line of a
system, and where removal of the root mass and replacement of damaged drainfield material will restore the system to its
original design function, upon inspection and verification of the repair work by the health unit, permit satisfaction will be
considered to be achieved.
(f) A tank need not be replaced as part of the repair if the health unit determines the tank to be structurally sound,
constructed of approved materials, and if such tank has an effective capacity within two tank sizes of the capacities required by
Table II. In addition, the tank shall be pumped and a solids deflection device shall be installed as a part of the outlet of the tank
if one is not currently in place.
(g) Repairs to a system shall not be located within 2 feet of a sleeved and sealed potable water line or 2 feet from non-
potable water lines.
(h) If the total drainfield area exceeds 1000 square feet, or if the tank is too low to permit gravity flow into the drainfield,
the drainfield shall be dosed. The requirements of subsections 64E-6.014(3) and (4), F.A.C., shall be used for dosing
requirements.
(i) Setbacks from an existing system to a public well shall not be decreased from existing setbacks, but shall be increased
where practical to achieve the required setbacks as per paragraphs 64E-6.005(1)(b) and (c), F.A.C.
(7) If a repair cannot be made utilizing the standards in subsection (6) above, all available area for drainfield repair shall be
assessed and the repair permit shall allow for the maximum size drainfield that can be accommodated in the available area
while allowing for the system to be installed above the wet season water table. Total removal of the existing drainfield and
replacement of the drainfield in its original location shall be authorized if there is no additional area to enlarge the system.
Setbacks to wells, surface water bodies, and other pertinent features which are less than the setbacks in subsection (6) above
shall not be reduced below existing setbacks. Nothing in this section shall be construed to allow a drainfield to remain in the
wet season water table. The appropriate requirements for bottom of drainfield absorption surface to wet season water table
separation in Table V shall be adhered to in all repairs.
(8) If soil replacement is to be performed on any repair, the requirements of Footnote 3., Table III, shall be adhered to.
(9) System repairs shall be performed by persons who are qualified to do so as set forth in Part III of this rule.
(10) Except as provided for in subsection (7) above, the amount of drainfield installed during the repair shall not be less
than the amount the system had prior to the repair.
(11) Subsection 64E-6.004(7), F.A.C., shall be used in conjunction with this section when permitting a repair in which the
property has been divided after the original permit was issued.
(12) For inspection purposes when a drainfield is repaired using a physical disruption method, such as air injection, the
contractor shall mark the location of each injection site in an easily identifiable manner.
The county health department shall inspect repairs to determine that the absorption surface of the repaired drainfield is at least
six inches above the wet season high water table, to determine the repair process was completed according to the information
provided with the repair permit application and to determine the repair site is free of sanitary nuisance conditions.
Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065, 386.041 FS. History–New 3-17-92, Amended 1-3-95, 2-
13-97, Formerly 10D-6.0571, Amended 2-3-98, 3-22-00, 5-24-04, 11-26-06, 6-25-09, 4-28-10.
64E-6.0151 Product Composition.

(1) Any product sold or used in the state for use in an onsite sewage treatment and disposal system shall be in compliance
with the requirements of Section 381.0065(4)(m), F.S. The following criteria shall be used in determining product compliance.
(a) Use of the product shall not result in violations of Surface Water Quality Rule 62-302.500, F.A.C., effective 5-15-2002,
or Groundwater Quality Rules 62-520.400 and 62-520.420, F.A.C., effective 12-9-1996.
(b) The product’s formula itself shall not exceed water quality contaminant concentrations in Rule 62-302.500, F.A.C.,
effective 5-15-2002, or Rules 62-520.400 and 62-520.420, F.A.C., effective 12-9-1996.
(c) The product shall contain no substance in concentrations or amounts that would interfere with or prevent the successful
operation of an onsite sewage treatment and disposal system.
(2) If the Department determines an onsite sewage treatment and disposal system product is not in compliance with the
criteria in Rule 64E-6.0151, F.A.C., the Department shall notify the product manufacturer of the items in non-compliance. The
product shall be allowed to be continued for sale and use in Florida for a maximum of 90 days from date of receipt of
50
notification of violation. This is to allow the manufacturer an opportunity to exhibit to the department that the product
satisfactorily complies with the conditions of Section 381.0065(4)(m), F.S., and this rule. In attempting to demonstrate
compliance with Section 381.0065(4)(m), F.S., and this rule, the manufacturer shall provide at a minimum the following
information:
(a) A listing of all physical, chemical, biological or other agents which make up the product and provide toxicity
information for each component. This information shall include trade names, chemical names, and concentrations of all
individual or complexed components and the Material Safety Data Sheet (MSDS) for the product. Any trade secret will be
treated according to Section 381.83, F.S.
(b) A list of all known, expected, or possible reactions and by-products resulting from use of the product including the
effect on bacteria, all standard contents of the tank, including sludge layer; scum layer; fats, oils and greases, and the effects on
currently approved drainfield distribution systems.
(c) Test results from a State or EPA-certified laboratory demonstrating that use of the product will not result in violations
of surface water or groundwater standards in Rule 64E-6.0151, F.A.C. Tests shall be conducted on the product as sold and the
test results shall include:
1. Acute Definitive Toxicity test [96 hour LC50] according to EPA Methods for Measuring the Acute Toxicity of Effluents
and Receiving Waters to Freshwater and Marine Organisms (EPA-821-R-02-012), October 2002, herein incorporated by
reference, for Pimephales promelas (fathead minnow) or any of the following species: Ceriodaphnia dubia (daphnid),
Cyprinella leedsi (bannerfin shiner), Daphnia pulex and Daphnia magna (daphnids). The 96-hour LC50 shall be reported as a
concentration in mg/l or ml/l, and;
2. Chemical analysis showing the concentrations of Volatile Organic Compounds [EPA 8260] to a minimum detection
level of 0.5 ug/L (ppb).
(d) A description of the anticipated use of the product in onsite sewage treatment and disposal systems. Where and how the
product is to be applied, any exceptions to application guidelines, the frequency of applications, who is allowed to perform the
applications, and the amount and concentration of product per application shall be included in the product description. When
the product should not be used shall also be included in the description. The information provided shall include the
manufacturer’s recommended application rate of the product as it appears on the product label. Unless the product label
provides other specifications, the department, for purposes of this evaluation, assumes that the application rate will be applied
to a flow of 300 gallons per day into a 1000-gallon septic tank.
(e) All studies done on the use of the product which support or disputes the information required in Rule 64E-6.0151,
F.A.C., and which demonstrates the product will not harm public health or the environment and will not impair system
components and functioning. Monitoring reports and data from systems in use shall be provided if available.
(f) A signed and dated certification by the manufacturer that states: “I certify under penalty of law that these documents
and all attachments, to the best of my knowledge and belief, are true, accurate and complete, and represent all available data for
[name of product or products].”
(g) Scientific documentation demonstrating claimed benefits occurring due to the use of the product.
(3) If the department determines that the product does not comply with the provisions of Section 381.0065(4)(m), F.S., the
department shall stop the sale of the product or take other actions deemed necessary to preclude the sale and use of the non-
compliant product.
Rulemaking Authority 381.0065(4)(m) FS. Law Implemented 381.0065(4)(m), 381.0066 FS. History–New 3-22-00, Amended 5-
24-04, 6-25-09.
64E-6.016 U.S. Department of Agriculture Soil Textural Classification System.

(1) Soil texture is a term commonly used to designate the proportionate distribution of different sized mineral particles in a
soil material. The three basic sizes of soil mineral particles are the sand size, the silt size and the clay size. The sand size class
is subdivided further into the subclasses of very coarse sand, coarse sand, medium sand, fine sand, and very fine sand.
Individual particles, based on their size, are grouped into separates. These soil separates are classified by size into the
groupings shown below:
Diameter Limit
Separate In Millimeters
Very coarse sand 2.00-1.00
Coarse sand 1.00-.50
Medium sand .50 -.25
Fine sand .25-.10
Very fine sand .10-.05
Silt .05-.002
Clay less than .002
51
(2) Florida’s major soil texture classifications and some of the characteristics which can be utilized in the field for
identification of these soil texture groups is accomplished primarily by rubbing moist samples of soil material between the
fingers and observing how the material feels.
(a) Sand – Sand feels extremely gritty and does not form a ribbon or ball when wet or moist. A sand is loose and single
grained. The individual grains can readily be seen or felt.
(b) Loamy sand – Loamy sand feels extremely gritty and forms a weak ball that cannot be handled without breaking.
(c) Sandy loam – A sandy loam feels extremely gritty and slightly sticky. When moist, it forms a cast that will bear careful
handling without breaking.
(d) Loam – A loam feels somewhat gritty, yet fairly smooth and slightly plastic. When moist, it forms a cast that may be
handled quite freely without breaking. Loam forms only short ribbons about 0.25 inch to 0.50 inches in length. This soil texture
is not common in Florida soils.
(e) Silt loam – Silt loam lacks grittiness and feels extremely floury when moist or dry. When dry it may appear cloddy but
the lumps can be readily broken. When moist it will form casts that can be freely handled without breaking. It will not form a
ribbon but will give a broken appearance. This soil texture is not common in Florida soils.
(f) Silt – Silt lacks grittiness and feels extremely floury when moist or dry. It will not ribbon and forms a weak ball that
will tolerate careful handling without breaking. This soil texture is extremely rare in Florida soils.
(g) Sandy clay loam – Sandy clay loam feels very gritty and sticky. When moist it forms a firm ball and may form a ribbon
of one to two inches before it breaks.
(h) Clay loam – A clay loam feels very sticky with little or no grittiness. When moist it will form a ribbon that is about one
to two inches long. The moist soil is plastic and will form a cast or ball that will bear much handling. When kneaded in the
hand it does not crumble readily but tends to work into a heavy compact mass.
(i) Sandy clay – Sandy clay feels extremely sticky and very gritty. When moist and forms a firm ball and produces a
ribbon that is over two inches in length before breaking.
(j) Silty clay – Silty clay feels both plastic and extremely sticky when moist and lacks any gritty feeling. It forms a firm
ball and readily ribbons to over two inches in length before it breaks. This soil texture is not common in Florida soils.
(k) Clay – A clay feels extremely sticky and is neither gritty nor floury. When moist it forms a ribbon over two inches in
length before breaking. It will form a hard ball or cast which will not break when handled.
(l) Organic soils – Muck, peat, and mucky peat are used in place of textural class names in organic soils. Muck is well
decomposed organic soil material; peat consists of raw undecomposed organic soil material; and mucky peat designates
materials intermediate in decomposition between muck and peat.
(3) Definitions of the soil texture classes according to distribution of size classes of mineral particles less than 2
millimeters in diameter are as follows:
(a) Sands – 85 percent or more sand and the percentage of silt plus 1 1/2 times the percentage of clay is 15 or less.
1. Coarse sand – 25 percent or more very coarse and coarse sand and less than 50 percent any other single grade of sand.
2. Sand – 25 percent or more very coarse, coarse and medium sand, but less than 25 percent very coarse and coarse sand,
and less than 50 percent either fine sand or very fine sand.
3. Fine sand – 50 percent or more fine sand; or less than 25 percent very coarse, coarse, and medium sand and less than 50
percent very fine sand.
4. Very fine sand – 50 percent or more very fine sand.
(b) Loamy sands – At the upper limit 85 to 90 percent sand and the percentage of silt plus 1 1/2 times the percentage of
clay is 15 or more; at the lower limit 70 to 85 percent sand and the percentage of silt plus twice the percentage of clay is 30 or
less.
1. Loamy coarse sand – 25 percent or more very coarse and coarse sand and less than 50 percent any other single grade of
sand.
2. Loamy sand – 25 percent or more very coarse, coarse, and medium sand and less than 50 percent either fine sand or very
fine sand.
3. Loamy fine sand – 50 percent or more fine sand; or less than 50 percent very fine sand and less than 25 percent very
coarse, coarse, and medium sand.
4. Loamy very fine sand – 50 percent or more very fine sand.
(c) Sandy loams – 20 percent or less clay and 52 percent or more sand and the percentage of silt plus twice the percentage
of clay exceeds 30; or less than 7 percent clay, less than 50 percent silt, and between 43 and 52 percent sand.
1. Coarse sandy loam – 25 percent or more very coarse and coarse sand and less than 50 percent any other single grade of
sand.
2. Sandy loam – 30 percent or more very coarse, coarse, and medium sand, but less than 25 percent very coarse and coarse
sand, and less than 30 percent either fine sand or very fine sand.
3. Fine sandy loam – 30 percent or more fine sand and less than 30 percent very fine sand; or between 15 and 30 percent
very coarse, coarse, and medium sand; or more than 40 percent fine and very fine sand, at least half of which is fine sand, and
less than 15 percent very coarse, coarse, and medium sand.
52
4. Very fine sandy loam – 30 percent or more very fine sand; or more than 40 percent fine and very fine sand, at least half
of which is very fine sand, and less than 15 percent very coarse, coarse, and medium sand.
(d) Loam – 7 to 27 percent clay, 28 to 50 percent silt, and less than 52 percent sand.
(e) Silt loam – 50 percent or more silt and 12 to 27 percent clay; or 50 to 80 percent silt and less than 12 percent clay.
(f) Silt – 80 percent or more silt and less than 12 percent clay.
(g) Sandy clay loam – 20 to 35 percent clay, less than 28 percent silt, and 45 percent or more sand.
(h) Clay loam – 27 to 40 percent clay and 20 to 45 percent sand.
(i) Silty clay loam – 27 to 40 percent clay and less than 20 percent sand.
(j) Sandy clay – 35 percent or more clay and 45 percent or more sand.
(k) Silty clay – 40 percent or more clay and 40 percent or more silt.
(l) Clay – 40 percent or more clay, less than 45 percent sand, and less than 40 percent silt.
Rulemaking Authority 381.0011(4),(13), 381.0065(3)(a) FS. Law Implemented 381.0065, 381,00655 FS. History–New 12-22-
82, Amended 2-5-85, Formerly 10D-6.58, Amended 3-17-92, 1-3-95, Formerly 10D-6.058.
PART II
Definitions in Chapter 64E-6, Parts I and III, F.A.C., are also applicable to Chapter 64E-6, Part II, F.A.C.
(1) Building Area – that enclosed area of a dwelling unit, excluding the garage, carport, exterior storage shed, or open or
screened patios or decks. Calculations of building area shall be made by measurements of the outside building dimensions.
Building area of each additional story of the structure shall be added to determine the total building area.
(2) Cesspit – a pit, with or without a cover, that receives untreated sewage from a building and discharges the sewage,
either untreated or improperly treated, directly to the surrounding soil or limestone. A septic tank that functions as a cesspit
shall be considered a cesspit.
(3) Injection well – an open vertical hole at least 90 feet in depth, fully cased and grouted to at least 60 feet in depth which
is used to dispose of onsite sewage treatment and disposal system effluent.
(4) Minimum level of waste treatment – a treatment which will provide a recovered water product that contains not more,
on a permitted annual average basis, than the following concentrations from a sampling point located following the final design
treatment step of the onsite sewage treatment and disposal system:
(a) Biochemical Oxygen Demand (CBOD5) 10 mg/1
(b) Suspended Solids 10 mg/1
(c) Total Nitrogen, expressed as N 10 mg/1
(d) Total Phosphorus, expressed as P 1 mg/1
(5) Salt Marsh and Buttonwood Associations – two plant associations that are sometimes collectively or individually
referred to as the “transitional zone.”
(a) The salt marsh community is a wetland area subject to tidal influence wherein the dominant vegetation includes the
following:
1. Batis maritima Saltwort;
2. Distichilis spicata Salt grass;
3. Fimbristylis castanea Chestnut sedge;
4. Monanthochloe littoralis Key grass;
5. Salicornia spp. Glasswort;
6. Sesuvium portulacastrum Sea purslane; and
7. Spartina spp. Cordgrass.
The woody vegetation that may be present includes red, white and black mangroves, as well as buttonwood (Conocarpus
erectus); the salt marsh community is distinguished by the dominance of non-woody plants, and the woody species have a
coverage of less than 40 percent. The salt marsh community may be associated and intermixed with areas of almost bare
ground on which the vegetation may be limited to mats of algae.
(b) The buttonwood association is an association that is usually present in the more landward zone, and may intermix with
more upland communities. The vegetation may include, but is not limited to, the following species:
1. Borrichia spp. Sea oxeye daisy;
2. Bumelia celastrina Saffron plum;
3. Coccoloba uvifera Sea grape;
4. Conocarpus erectus Buttonwood;
5. Erithalis fruticosa Black torch;
6. Fimbristylis castanea Chestnut sedge;
7. Jacquinia keyensis Joewood;
53
8. Lycium carolinianum Christmas berry;
9. Maytenus phyllanthoides Mayten; and
10. Spartina spp. Cordgrass.
The buttonwood association is distinguished from the salt marsh association by the dominance of buttonwood trees, usually
occurring as an open stand that permits the growth of an under-story of groundcovers and shrubs.
(6) Nutrient reducing material – material which is used in the final treatment stage of an onsite sewage treatment and
disposal system to reduce effluent nutrient levels to the minimum level of waste treatment.
(7) Undocumented system – an onsite sewage treatment and disposal system that does not have a record of installation and
approval.
Rulemaking Authority 381.0011(4), (13), 381.006, 381.0065(3)(a), (4)(k) FS., Ch. 99-395, LOF. Law Implemented 154.01,
381.001(2), 381.0011(4), 381.006(7), 381.0061, 381.0065, 381.00655, 386.041 FS., Ch. 99-395, LOF. History–New 7-15-86,
Amended 3-17-92, 1-3-95, Formerly 10D-6.062, Amended 3-3-98, 3-22-00.
64E-6.018 System Location, Design and Maintenance Criteria.
Table III of Chapter 64E-6, Part I, F.A.C., and other subsections of Part I pertaining to soil texture, soil depth, and maximum
sewage loading rates for specific soils shall not apply to areas subject to the provisions of this Part except for Table III,
Footnote 2., as it relates to the falling head percolation test procedure. However, approved system design criteria, system
location, operation, maintenance and monitoring requirements of subsections 64E-6.018(1), (2), (3), and (4), F.A.C., shall
apply. A minimum of one soil profile and one percolation test per application shall be required for site evaluations performed
in the Florida Keys. However, a soil profile and percolation test is not required when the system design engineer chooses the
use of an injection well for effluent disposal. All new onsite sewage treatment and disposal systems shall be performance-based
treatment systems designed by an engineer licensed in the State of Florida and shall meet the minimum level of waste treatment
as defined in Rule 64E-6.017, F.A.C. All receptacles subject to a positive buoyancy exposure shall be anchored or otherwise
weighted to prevent flotation during flooding periods. The receptacles shall be evaluated for buoyancy while in their normal
operating condition.
(1) An onsite sewage treatment and disposal system which meets the location, construction, maintenance and operational
requirements of paragraphs 64E-6.018(1)(a) or (b), F.A.C., shall be approved, provided that if an aerobic treatment unit is a
component of the system design, the certification, construction, operational and maintenance requirements of Rule 64E-6.012,
F.A.C., shall also be met.
(a) When final effluent disposal is into a nutrient reducing material-lined drainfield system, the following general
requirements shall apply:
1. The county health department shall require the installer of a nutrient reducing material lined drainfield system to provide
certification from the installer’s nutrient reducing material supplier that the material supplied for such type of installations
meets the requirements of this subsection.
2. No part of the system shall be within 25 feet of the boundaries of surface water bodies or salt marsh and Buttonwood
Association habitat areas where the dominant vegetation species are those typical of salt marsh communities.
3. The bottom surface of the nutrient reducing material layer shall be at least 12 inches above mean high water.
4. Appropriate shallow root vegetative cover shall be established over drainfield systems to maximize the beneficial effects
of evapotranspiration.
5. Nutrient reducing material has a finite life span. The nutrient reducing material shall be replaced as necessary to ensure
that the system continues to meet the minimum level of waste treatment.
(b) An injection well shall be approved for final effluent disposal provided setbacks from salt marsh/buttonwood habitats
and other surface water bodies cannot be met by another effluent disposal system noted above, and provided the installation is
in compliance with the following:
1. An injection well shall not be permitted or installed under the provisions of this part in any area designated by the
United States Environmental Protection Agency or the Florida Department of Environmental Protection as having a single or
sole source aquifer. Single source aquifer is defined in subsection 62-520.200(14), F.A.C.
2. In areas where injection wells are approved for use, the DOH Monroe County Health Department shall be the permitting
authority for the engineer designed onsite sewage treatment unit and the injection well, where the estimated daily domestic
sewage flow will not exceed 2000 gallons per day. For establishments having a total daily sewage flow greater than 2000
gallons per day but not greater than 10,000 gallons per day, the Monroe County Health Department shall be the permitting
authority for the engineer designed treatment unit and DEP is the permitting authority for the injection well and any additional
associated effluent treatment device.
3. The ground surface within a distance of at least 10 feet in all directions around the injection well and any portion of the
onsite sewage treatment and disposal system shall not be subject to surface or ground water flooding. In addition, the invert of
the effluent inlet pipe to the injection well shall be a minimum 18 inches above the estimated seasonal high water level.
4. If there is adequate vertical and horizontal clearance to allow for proper maintenance, repair or replacement of the
treatment unit and injection well, such components of the onsite sewage treatment and disposal system shall be allowed to be
54
placed beneath an elevated building.
5. Prior to discharge into an injection well, effluent shall be disinfected by chlorination or other disinfection method
approved by the State Health Office. A minimum disinfection level equivalent to a free chlorine residual of 0.5 milligrams per
liter measured at the point of effluent discharge after a minimum chlorine contact time of 15 minutes into the injection well,
shall be maintained in the effluent at all times.
6. An injection well to receive an estimated daily domestic sewage flow not exceeding 2000 gallons per day shall meet
minimum construction criteria a., b. and c. of this sub-paragraph. The Monroe County Health Department shall be notified by
the well driller the time when the well will be drilled so the county health department can schedule observation of well
construction. The DOH Monroe County Health Department shall not approve an injection well for use until the well driller has
certified, in writing to the DOH Monroe County Health Department, that the well has been installed in compliance with the
provisions of this sub-paragraph. The inspection fee for the construction of an injection well shall be $125.00.
a. An injection well as defined in subsection 64E-6.017(3), F.A.C., shall be constructed, in part, utilizing a casing of
polyvinyl chloride, commonly referred to as PVC. The minimum PVC casing weight and strength classification shall be
schedule 40 and the minimum outside diameter of the casing shall be 4 inches. Other casing materials having strength and
corrosion resistance properties equal to or greater than PVC schedule 40 pipe shall also be approved.
b. An open hole having a minimum diameter of 6 inches shall extend to a depth of not less than 30 feet below the bottom
of the casing.
c. The annular space between the casing and the natural rock wall of the borehole shall be grouted the full length of the
casing.
7. A minimum of one maintenance visit every four months shall be made to those systems using injection wells for
effluent disposal. The visit shall include an inspection of the chlorination unit and any filter units. When an aerobic treatment
unit is a component of the onsite sewage treatment and disposal system, documents and reports required in Rule 64E-6.012,
F.A.C., shall also include the results of aerobic treatment unit inspections and shall include information on chlorine residuals to
assess compliance with the disinfection requirements of this rule.
8. If an injection well is discontinued for effluent disposal the injection well shall be properly abandoned and plugged by
filling the injection well from bottom to top with cement grout.
(2) For an aerobic treatment unit treating domestic sewage flows in excess of 1500 gallons per day but not exceeding
10,000 gallons per day, where effluent from the treatment unit will be discharged to an engineer designed soil absorption
drainfield system, the following requirements shall be met:
(a) The soil absorption drainfield system shall be set back from surface water bodies by the greatest distance attainable, but
shall meet at least minimum setback and elevation requirements specified in subsection 64E-6.018(1), F.A.C.
(b) The owner or lessee of a system shall comply with the general maintenance and operational requirements of
subsections 64E-6.012(2) and (3), F.A.C., and any additional operation and maintenance requirements specified by the system
design engineer.
(3) The owner or lessee of a performance-based treatment system shall obtain and maintain a maintenance contract with an
approved maintenance entity.
(a) All new onsite sewage treatment and disposal systems shall be inspected by an approved maintenance entity at least
two times each year.
(b) A maintenance report shall be kept by the maintenance entity. A copy of all maintenance reports shall be provided to
the county health department. The report shall include the following information:
1. The address of the system.
2. Date and time of inspection.
3. Sample collection time and date, and person who collected sample.
4. Results of all sampling.
5. Volume of effluent treated, to include total monthly and daily average.
6. Maintenance performed.
7. Problems noted with the treatment system and actions taken or proposed to overcome them.
(4) In conjunction with the systems specified in subsections 64E-6.018(1) and (2), F.A.C., an applicant may use the
alternative systems described in subsection 64E-6.009(1), (3), (4), (5) or (6), F.A.C. An alternative system shall meet the
general intent of Part I and Part II of this rule.
Rulemaking Authority 381.0011(4), (13), 381.006, 381.0065(3)(a) FS., Ch. 99-395, LOF. Law Implemented 381.0065,
381.00655 FS., Ch. 99-395, LOF. History–New 7-15-86, Amended 3-17-92, 1-3-95, Formerly 10D-6.063, Amended 3-3-98, 3-
22-00, 4-21-02, 11-26-06.
64E-6.0181 Cesspit and Undocumented System Replacement and Interim System Use.
(1) Where a property is determined to have a cesspit or an undocumented system, the cesspit or undocumented system
shall be required to be replaced with an onsite sewage treatment and disposal system complying with Rule 64E-6.018, F.A.C.,
except as provided for in subsection (2).
55
(2) In areas that are scheduled to be served by a central sewage facility before July 1, 2010, interim construction standards
specified in subsection 64E-6.0181(3), F.A.C., for new, modified, expanded or existing onsite sewage treatment and disposal
systems or to replace cesspits or undocumented systems shall be allowed.
(a) Interim system requirements shall be allowed through July 1, 2004, for onsite sewage treatment and disposal systems in
areas that are scheduled to be served, according to an adopted local comprehensive plan determined to be in compliance by the
Department of Community Affairs, by a central sewage facility before July 1, 2010.
(b) After July 1, 2004, interim system requirements shall be allowed in an area scheduled to be served by a central sewage
facility only when all of the following conditions are met:
1. An enforceable contract to provide the central sewage and collection system has been signed;
2. The contract contains a binding schedule for connection of the onsite sewage treatment and disposal systems to the
central sewage facility; and
3. There is an enforceable requirement for abandonment of the onsite sewage treatment and disposal systems.
(c) Onsite sewage treatment and disposal systems that are not scheduled to be served in accordance with this section shall
provide the level of treatment required in Rule 64E-6.018, F.A.C.
(d) All onsite sewage treatment and disposal systems in operation on July 1, 2010, shall provide the level of treatment
required in Rule 64E-6.018, F.A.C.
(3) Interim systems standards shall be:
(a) A Class I aerobic treatment unit which meets the location, construction, maintenance and operational requirements of
subparagraph 64E-6.0181(3)(a)1. or 2., F.A.C., and the certification, construction, operational and maintenance requirements
of Rule 64E-6.012, F.A.C.
1. Where a Class I aerobic treatment unit is utilized, and where final effluent disposal is into a sand lined drainfield system,
the following general requirements shall apply:
a. For a sand-lined drainfield, a minimum 12 inch thick layer of quartz sand shall be placed beneath the bottom of the
drainfield absorption surface and a minimum 12 inch wide and minimum 24 inch thick layer of quartz sand shall be placed
contiguous to the drainfield sidewall absorption surfaces in order to provide an additional level of effluent treatment prior to
effluent passing into the surrounding natural limestone rock. Sand material shall have either an effective grain size in the range
of 0.25 millimeter to 1.00 millimeter and shall have a uniformity coefficient of less than 3.5, or the material shall be of such
size whereby at least 90 percent of the sand particles pass a U.S. Standard Number 18 sieve and less than 10 percent pass a
number 60 sieve. These materials are in the USDA soil texture classes known as medium sand and coarse sand. The county
health department shall require the installer of a sand-lined drainfield system to provide certification from the installer’s sand
supplier that the sand supplied for such type of installation meets the requirements of this subsection.
b. No part of the system shall be within 25 feet of the mean high water line of tidal surface water bodies or within 25 feet
of the ordinary high water line of lakes, ponds or other non-tidal surface waters or salt marsh and Buttonwood Association
habitat areas where the dominant vegetation species are those typical of salt marsh communities.
c. The bottom surface of the sand layer shall be at least 12 inches above mean high water.
d. The maximum sewage loading rate to an aerobic treatment unit absorption bed drainfield with underlying sand liner
shall be 1.1 gallons per square foot per day.
e. Appropriate shallow root vegetative cover shall be established over drainfield systems to maximize the beneficial effects
of evapotranspiration.
2. Provided a Class I aerobic treatment unit is utilized and provided effluent from the treatment unit, prior to discharge into
an injection well, is passed through a mineral aggregate filter unit as described in subparagraph 64E-6.0181(3)(a)2., F.A.C., or
where effluent is passed through a filter unit of another design which has been determined by the State Health Office to be at
least equal to the mineral aggregate filter unit with regard to sewage treatment capability, an injection well shall be approved in
compliance with the following:
a. An injection well shall not be permitted or installed under the provisions of this part in any area designated by the
United States Environmental Protection Agency or the Florida Department of Environmental Protection as having a single or
sole source aquifer. Single source aquifer is defined in subsection 62-520.200(14), F.A.C.
b. In areas where injection wells are approved for use, the DOH Monroe County Health Department shall be the permitting
agent for the aerobic treatment unit, the filter unit and the injection well, where the estimated daily domestic sewage flow will
not exceed 2000 gallons per day. For establishments having a total daily sewage flow greater than 2000 gallons per day but not
greater than 10,000 gallons per day, the Monroe County Health Department shall be the permitting authority for the aerobic
treatment unit and the filter unit and DEP is the permitting agent for the injection well and any additional associated effluent
treatment device. The effluent from the treatment unit permitted by the DOH Monroe County Health Department shall not
exceed 20 mg/l CBOD5 or 20 mg/l suspended solids on a permitted annual average basis and shall have disinfection in
accordance with sub-subparagraph 64E-6.0181(3)(a)2.h., F.A.C., prior to discharge into any injection well.
c. The interior of the aerobic treatment unit, the top surface of the mineral aggregate filter soil cover, and the ground
surface within a distance of at least 10 feet in all directions around the injection well, filter unit and aerobic treatment unit shall
not be subject to surface or ground water flooding. In addition, the invert of the effluent inlet pipe to the injection well shall be
56
a minimum 18 inches above the estimated seasonal high water level.
d. If there is adequate vertical and horizontal clearance to allow for proper maintenance, repair or replacement of the
aerobic treatment unit, filter unit and injection well, such components of the onsite sewage treatment and disposal system shall
be allowed to be placed beneath an elevated building.
e. If a mineral aggregate filter as referred to in subparagraph 64E-6.0181(3)(a)2., F.A.C., is utilized, effluent discharge
from the aerobic unit shall be by gravity or pressure distribution to a perforated pipe distribution system as specified in Part I,
Rule 64E-6.014, F.A.C. Such distribution system shall be placed within the walls of the mineral aggregate filter and shall be
placed above a mineral aggregate filter layer which shall be at least 24 inches thick. Mineral aggregate filter material shall have
either an effective size in the range of 2.36 millimeters to 4.75 millimeters and shall have a uniformity coefficient of less than
3.5 or the material shall be equivalent in size to Florida Department of Transportation aggregate classification number eight or
nine. The system designer may specify additional layers of filter material above or below the required 24-inch layer of filter
material. The DOH Monroe County Health Department shall require the installer of mineral aggregate filter systems to provide
certification from the installer’s mineral aggregate supplier that the aggregate supplied meets requirements of this sub-
paragraph. If the filter is not sealed with a lid meeting the requirements of paragraph 64E-6.013(1)(e), F.A.C., the filter shall be
capped with a layer of slightly limited soil no less than 6 nor more than 12 inches thick.
f. The maximum sewage loading rate to the mineral aggregate filter shall be 5.5 gallons per square foot per day based upon
the top surface area of the filter layer. The maximum sewage loading rate to an approved filter unit other than a mineral
aggregate filter as described in this section shall be evaluated by the State Health Office based on unit design, size, filter media
characteristics and expected functional life of the unit.
g. Effluent having passed through a mineral aggregate filter shall collect in an underdrain for gravity or mechanical
discharge into an injection well. The underdrain shall consist of minimum 4 inch diameter perforated drainpipe which is
encased within a minimum 8 inch depth of 1/2 to 2 inch diameter washed and durable aggregate. The walls and bottom of the
filter unit shall be reinforced concrete or other material of adequate strength and durability to withstand hydrostatic and earth
stresses to which the unit will be subjected. The walls and bottom of the unit shall be made waterproof so that the total volume
of effluent passed through the mineral aggregate filter will be collected in the filter underdrain for discharge into the injection
well.
h. Prior to discharge into an injection well, effluent from the filter unit shall be disinfected by chlorination or other
disinfection method approved by the State Health Office. A minimum disinfection level equivalent to a free chlorine residual
of 0.5 milligram per liter measured at the point of effluent discharge after a minimum chlorine contact time of 15 minutes into
the injection well, shall be maintained in the effluent at all times.
i. An injection well to receive an estimated daily domestic sewage flow not exceeding 2000 gallons per day shall meet
minimum construction criteria (I), (II) and (III) of this sub-paragraph. The DOH Monroe County Health Department shall not
approve an injection well for use until the well driller has certified, in writing to the DOH Monroe County Health Department,
that the well has been installed in compliance with the provisions of this sub-paragraph. The inspection fee for the construction
of an injection well shall be $125.00.
(I) An injection well as defined in subsection 64E-6.017(3), F.A.C., shall be constructed, in part, utilizing a casing of
polyvinyl chloride, commonly referred to as PVC. The minimum PVC casing weight and strength classification shall be
schedule 40 and the minimum outside diameter of the casing shall be 4 inches. Other casing materials having strength and
corrosion resistance properties equal to or greater than PVC schedule 40 pipe shall also be approved.
(II) An open hole having a minimum diameter of 6 inches shall extend to a depth of not less than 30 feet below the bottom
of the casing.
(III) The annular space between the casing and the natural rock wall of the borehole shall be grouted the full length of the
casing.
j. A minimum of one maintenance visit every four months shall be made to those systems using injection wells for effluent
disposal. In addition to the standard aerobic treatment unit maintenance visit, the visit shall include an inspection of the
chlorination and filter units. Documents and reports required in Rule 64E-6.012, F.A.C., shall also include the results of these
inspections and shall include information on chlorine residuals to assess compliance with the disinfection requirements of this
rule.
k. If an injection well is discontinued for effluent disposal use such injection well shall be properly abandoned and plugged
by filling the injection well from bottom to top with cement grout.
(b) A performance-based treatment system designed and certified by a professional engineer, licensed in the state, as
producing an effluent meeting at a minimum the treatment standards for a system designed in accordance with paragraph 64E-
6.0181(3)(a), F.A.C., and permitted, constructed and monitored in accordance with Part IV.
Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a) FS. , Ch. 99-395, LOF. Law Implemented 381.0065, 381.00655 FS. ,
Chs. 99-395, 2001-337, LOF. History–New 3-3-98, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06.
64E-6.0182 Coordinated Permitting.
Chapter 28-20, F.A.C., and the Memorandum Of Understanding (MOU) between Monroe County, the Department of
57
Community Affairs, the Department of Environmental Protection, and the Department of Health, including the Monroe County
Health Department, dated July 25, 1997, are herein incorporated by reference, and is available by contacting the department.
Chapter 28-20, F.A.C., and the MOU establish a permit allocation system for development and a coordinated permit review
process. Chapter 28-20, F.A.C., and the MOU prohibit new system construction permits to serve new residential development
that would allow development in excess of the number of permits that Monroe County may issue under its policy.
Rulemaking Authority 381.0011(4), (13), 381.006, 381.0065(3)(a), (4)(k) FS., Ch. 99-395, LOF. Law Implemented 154.01,
381.0011(4), 381.006(7), 381.0065, 381.00655, 386.01, 386.03, 386.041 FS., Ch. 99-395, LOF. History–New 3-3-98, Amended
3-22-00.
PART III
64E-6.019 Requirements for Registration.
(1) Persons subject to registration – A person shall be subject to the requirements of this rule if he or she contracts or
advertises to provide services to the public or holds himself or herself out as being capable of performing services related to
any of the following activities in the onsite sewage treatment and disposal industry regulated by the department:
(a) Installation of onsite sewage treatment and disposal systems,
(b) Repair of onsite sewage treatment and disposal systems,
(c) Modification of onsite sewage treatment and disposal systems,
(d) Maintenance of onsite sewage treatment and disposal systems,
(e) Septic tank pumping and septage disposal services, excluding companies which only provide portable toilet or
temporary holding tank services,
(f) Abandonment of an onsite sewage treatment and disposal system.
(2) Any person seeking registration shall apply to the department to take the registration examination on Form DH 4075,
1/97, Application for Septic Tank Contractor Registration, herein incorporated by reference. The form is available from the
department.
(3) A person shall be eligible to take the registration examination if they submit necessary exhibits and fees and meet the
requirements of Section 489.553(4), F.S.
(a) Under the supervision and control of a registered septic tank contractor or a plumbing contractor in Section
489.553(4)(d), F.S., is defined as an employment relationship where compensation can be documented by the regular deduction
of FICA and federal withholding tax as required by law. Principal officers of a corporation or partners of a partnership
providing onsite sewage contracting services shall be recognized as being under the supervision and control of the
corporation’s or partnership’s qualifying registered septic tank contractor or plumbing contractor.
(b) Related work experience includes but is not limited to onsite sewage treatment and disposal system design, inspection,
installation, regulation, environmental health professional certification, site evaluation, underground utility contracting and
wastewater treatment plant maintenance and operation. Related work experience does not include clerical, purchasing or
estimating.
(c) Out-of-state work experience on a year for year basis shall be accepted for any applicant who demonstrates that they
hold a current statewide license for septic tank contracting which was issued upon satisfactory completion of an equivalent
examination and required continuing education courses for renewal. For purposes of this section, an equivalent examination
means that at a minimum, the following topics were tested and passed: system location and installation; site evaluation criteria;
system size determinations; disposal of septage; construction standards for drainfield systems and U.S. Department of
Agriculture soil textural classification system. A person employed by and under the supervision and control of such a licensed
contractor shall be granted up to two years of related work experience.
(4) Completed applications for registration must be received by the department’s Onsite Sewage Program at least 21 days
prior to examination. In order to be complete, the application must have all appropriate spaces filled, be signed by the
applicant, be reviewed by the county health department where the applicant provides service, include a money order or
sufficiently funded check in the correct amount and contain all necessary support documentation. Support documentation shall
include:
(a) A list of the 25 most recent contracts by the applicant or business organization completed immediately preceding the
date of filing.
(b) Signed statements from two persons not related to the applicant for whom the applicant has provided services in the
onsite sewage industry, stating what services were provided.
(c) Certification from a registered septic tank contractor or plumbing contractor of the applicant’s employment dates and
work responsibilities.
(d) Documentation of payment of federal withholding tax and social security as required by law. For principle corporate
officers of a corporation or partners in a partnership, legal documentation of their position in the corporation or partnership
may be substituted for withholding tax and social security documentation.
(e) Two recent color passport style photographs, not older than 12 months and 1 1/2 × 1 1/2 inches in size.
(5) Eligible applicants must successfully complete an examination administered by the department. Minimum passing
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score for the examination shall be a 75 percent correct response to all questions comprising the exam.
Rulemaking Authority 489.553(3), 489.557(1) FS. Law Implemented 489.552, 489.553 FS. History–New 10-25-88, Amended 3-
17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.072, Amended 2-3-98, 4-21-02, 6-18-03, 11-26-06, 4-28,10.
64E-6.020 Master Septic Tank Contractors.
(1) A septic tank contractor or a plumbing contractor certified under Section 489.105(3)(m), F.S., who is eligible under
Section 489.553(5)(a) and (b), F.S., may apply to the department on Form DH 4105, 10/96, Application for Master Septic Tank
Contractor Registration, hereby incorporated by reference, to take the master contractor examination provided by the
contractor:
(a) Has been in “active” status for the three years immediately preceding the date of application. This time period may not
be interrupted by more than 60 accumulated days as “inactive” or include any registration probation or suspension imposed by
the department through administrative action.
(b) Has not been assessed more than $500 in administrative penalties by the department in the three years immediately
preceding the date of application.
(c) Does not have an outstanding fine assessed pursuant to this chapter which is in final order status and judicial reviews
are exhausted.
(d) Has successfully resolved any disciplinary action involving septic tank contracting where an administrative action was
commenced by the department prior to the filing of the application.
(e) Has not been convicted of, found guilty of, or entered a plea of nolo contendere to, regardless of adjudication, a crime
in any jurisdiction which is related to the practice of contracting for the three years immediately preceding the date of
application.
(f) Has successfully completed 30 hours of master contractor course work approved by the department. At a minimum, this
course work shall include training and testing of soil classification, system design and theory, system material and construction
standards, and regulatory requirements.
(2) Completed applications for registration must be received by the department Onsite Sewage Program office at least 21
days prior to examination. In order to be complete, the application must have all appropriate spaces filled, be signed and dated
by the applicant, be reviewed by the county health department where the applicant’s primary place of business is located, and
include a money order or sufficiently funded check in the correct amount.
(3) Eligible applicants must successfully complete a comprehensive examination administered by the department.
Minimum passing score for the examination shall be a 70 percent correct response to the examination questions.
(4) Successful applicants shall be issued a master septic tank contractor certificate after they have paid the registration fee.
(5) Master septic tank contractor certificates shall be renewed only after the contractor has completed 18 classroom hours
of approved instruction for each renewal cycle. At least 6 classroom hours must be successfully completed in an approved
master contractor course. Instructional time spent by a master septic tank contractor in providing department approved
continuing education training shall receive credit as master contractor course hours. Application for renewal shall be made on
Form DH 4076, 01/03, Application for Septic Tank Contractor Registration Renewal, herein incorporated by reference,
accompanied by the required supporting documentation and fees.
(a) A master septic tank contractor who only completes 12 classroom hours of approved instruction during the renewal
cycle shall revert to registered septic tank contractor status and shall apply for renewal under Rule 64E-6.021, F.A.C.
(b) Applications for renewal not submitted in a timely and complete manner shall revert to inactive status. Each
application for renewal shall be considered filed in a timely manner if it is postmarked prior to close of business on the date of
expiration of the certificate. If that date falls on a weekend or legal holiday, the date of expiration shall be the first working day
after the expiration date of the certificate. Application for renewal of an inactive certificate shall be made on Form DH 4076,
Application for Septic Tank Contractor Registration Renewal, accompanied by the required supporting documentation and
fees.
(c) The department shall deny an application for renewal for an outstanding administrative penalty with the department
where the penalty is final agency action and all judicial reviews are exhausted.
(d) Master contractors with “inactive” certificates shall be reinstated to “active” upon completion of the following:
1. Take sufficient continuing education courses and pay registration fees to cover the inactive period, or
2. Retake and pass the comprehensive examination.
(e) Master contractor certificates not renewed within five renewal cycles of the expiration date shall comply with
subsections 64E-6.020(1) through (4), F.A.C., to be reinstated as active.
Rulemaking Authority 489.553(3), 489.557(1) FS. Law Implemented 489.552, 489.553, 489.554 FS. History–New 2-13-97,
Formerly 10D-6.0725, Amended 2-3-98, 4-21-02, 6-18-03, 11-26-06.
64E-6.021 Issuance of Registration Certificates and Renewal.
(1) Certificates of registration shall be renewed only after information has been provided to the department that the
59
contractor has successfully completed 12 classroom hours of department-approved instruction within the previous 12-month
period. However, if a registered contractor successfully completes more hours of approved instruction than are required for
registration renewal within a 12-month period, a maximum of 6 unused hours can be rolled over to renew their next year’s
certificate of registration. Such information shall be accompanied by necessary renewal fees and a completed renewal
application on Form DH 4076, Application for Septic Tank Contractor Registration Renewal.
(2) Any registration renewal application which for any reason is not submitted in a timely and complete manner shall
revert to inactive status. Each application for renewal shall be considered filed in a timely manner if the application has been
postmarked prior to the close of business on the date of expiration of the registration. If that date falls on a weekend or legal
holiday, the date of expiration shall be the first working day after the expiration date on the certificate of registration.
(3) A registered contractor may request inactive status. Persons wishing to renew an inactive registration must make
application on Form DH 4076 and substantiate 12 classroom hours of approved instruction for each year the registration was
considered inactive. Application must be accompanied by necessary exhibits and renewal fees. Persons holding inactive
registrations for more than five renewal cycles from the date of inactivation who wish to become active may not renew the
inactive registration but shall seek new registration under section 64E-6.019, F.A.C.
(4) The department shall deny an application for renewal if there is any outstanding administrative penalty with the
department where the penalty is final agency action and all judicial reviews are exhausted.
(5) Approval of continuing education courses and course providers will be in accordance with the department Policy on
Requirements for Continuing Education Courses and Course Providers, September 2006, herein incorporated by reference.
(6) Beginning in 2004 and every 5 years thereafter, registration renewal applications shall include a recent color passport
style photograph 1 1/2 x 1 1/2 inches in size and not older than 12 months. The applicant may provide the required photograph
as a photographic print or in digital JPEG or TIFF format.
Rulemaking Authority 489.553(3), 489.557(1) FS. Law Implemented 489.552, 489.553, 489.554 FS. History–New 10-25-88,
Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.073, Amended 3-22-00, 4-21-02, 6-18-03, 5-24-04, 11-26-06.
64E-6.022 Standards of Practice and Disciplinary Guidelines.
(1) It shall be the responsibility of persons registered under this rule to see that work for which they have contracted and
which has been performed by them or under their supervision is carried out in conformance with the requirements of all
applicable Florida Statutes and Chapter 64E-6, F.A.C. The following actions by a person included under this rule shall be
deemed unethical and subject to penalties as set forth in this section. The penalties listed shall be used as guidelines in
disciplinary cases, absent aggravating or mitigating circumstances and subject to other provisions of this section.
(a) Providing contracted services without obtaining registration from the department, failure to obtain a certificate of
authorization for a firm which provides contracted services, acting under a name not registered or authorized by the
department. First violation, letter of warning or fine up to $500; repeat violation, $500 fine, or revocation.
(b) Permit violations.
1. Contractor initiates work to install, modify, or repair a system when no permit has been issued by the department. A
permit is issued after construction is started but prior to completion of the contracted work. No inspections are missed. First
violation, letter of warning or fine up to $500; repeat violation, $500 fine and 90 day suspension or revocation.
2. Contracted work is completed without a permit having been issued, or no permit application is received until after
contracted work was completed, resulting in missed inspection or inspections. First violation, letter of warning or fine up to
$1000; repeat violation, revocation.
(c) Contracting with a delinquent registration. First violation, letter of warning or fine up to $500; repeat violation, $500
fine or revocation.
(d) Failure to call for required inspections. First violation, letter of warning or fine up to $500; repeat violation, letter of
warning or fine up to $500 and 90 day suspension or revocation.
(e) False payment statements which are the result of assessing charges to a customer for work not performed. First
violation, letter of warning or fine up to $500; repeat violation, $500 fine and one year suspension or revocation.
(f) Failure to reasonably honor a written warranty. First violation, letter of warning or fine up to $500; repeat violations,
$500 fine and one year suspension or revocation.
(g) Abandoning for 30 consecutive days, without good cause, a project in which the contractor is engaged or under
contractual obligation to perform. First violation, letter of warning or fine up to $500; repeat violation, revocation.
(h) Aiding or abetting evasion of Chapter 489, F.S. First violation, letter of warning or fine up to $500; repeat violation,
$500 fine and one year suspension or revocation.
(i) Obtaining registration through fraud or misrepresentation. Revocation and $500 fine.
(j) Convicted or found guilty of a crime relating to contracting. Use penalty for violation most closely resembling the act
underlying the conviction; repeat violation, revocation.
(k) Practicing fraud or deceit, making misleading or untrue representations. First violation, letter of warning or fine up to
60
$500; repeat violation, revocation.
(l) Gross negligence, incompetence, or misconduct which:
1. Causes no monetary or other harm to a customer, or physical harm to any person. First violation, letter of warning or
fine up to $500; repeat violation, $500 fine and 90 day suspension or revocation.
2. Causes monetary or other harm to a customer, or physical harm to any person. First violation, letter of warning or fine
up to $500 and 90 day suspension; repeat violation, $500 fine and revocation.
(m) Operating a septage disposal service without a valid department operating permit. First violation, letter of warning or
fine up to $500; repeat violation, revocation.
(n) Failure to properly treat or properly dispose of septage, holding tank waste, portable restroom waste, or food service
sludge. First violation, letter of warning or fine up to $500 per violation of Rule 64E-6.010, F.A.C.; repeat violation,
revocation.
(o) Failure to maintain completed records of septage treatment and disposal activities. First violation, letter of warning or
fine up to $500; repeat violation, $500 fine and 90 day suspension or revocation.
(p) Installation, modification, or repair of an onsite sewage treatment and disposal system in violation of the standards of
Section 381.0065 or 381.00655, F.S., or Chapter 64E-6, F.A.C. First violation, letter of warning or fine up to $500 per specific
standard violated; repeat violation, 90 day suspension or revocation.
(q) Creation or maintenance of a sanitary nuisance as defined by Section 386.041, F.S. First violation, letter of warning or
fine up to $500; repeat violation, 90 day suspension or revocation.
(r) Falsifying an inspection report or covering a system in violation of the standards of Rule 64E-6.003, F.A.C. First
violation, letter of warning or fine up to $500; repeat violation, 90 day suspension of master septic tank contractor privileges
or revocation of registration.
(s) Performing service on an onsite sewage disposal system that is clearly not necessary to improve the function or design
of the system without notifying the property owner that such work is optional. First violation, letter of warning or fine up to
$500; repeat violation, $500 fine and one year suspension or revocation.
(t) The absence of any violation from this section shall be viewed as an oversight, and shall not be construed as an
indication that no penalty is to be assessed.
(2) Circumstances which shall be considered for the purposes of mitigation or aggravation of penalty shall include the
following:
(a) Monetary or other damage to the registrant’s customer, in any way associated with the violation, which damage the
registrant has not relieved, as of the time the penalty is to be assessed.
(b) Actual job-site violations of this rule or conditions exhibiting gross negligence, incompetence or misconduct by the
contractor, which have not been corrected as of the time the penalty is being assessed.
(c) The severity of the offense.
(d) The danger to the public.
(e) The number of repetitions of the offense.
(f) The number of complaints filed against the contractor.
(g) The length of time the contractor has practiced and registration category.
(h) The actual damage, physical or otherwise, to the customer.
(i) The effect of the penalty upon the contractor’s livelihood.
(j) Any efforts at rehabilitation.
(k) Any other mitigating or aggravating circumstances.
(3) As used in this rule, a repeat violation is any violation on which disciplinary action is being taken where the same
licensee had previously had disciplinary action taken against him or received a letter of warning in a prior case. This definition
applies regardless of the chronological relationship of the violations and regardless of whether the violations are of the same or
different subsections of this rule. The penalty given in the above list for repeat violations is intended to apply only to situations
where the repeat violation is of a different subsection of this rule than the first violation. Where the repeat violation is the very
same type of violation as the first violation, the penalty set out above will generally be increased over what is shown for repeat
violations.
(4) Where several of the above violations shall occur in one or several cases being considered together, the penalties shall
normally be cumulative and consecutive.
(5) The provisions of this section shall not be construed so as to prohibit civil action or criminal prosecution as provided in
Part III of Chapter 489, F.S., and Section 381.0065, F.S., or for a violation of any provision of Part I of Chapter 386, F.S. No
provision of this section shall be construed as to limit the ability of the department to enter into binding stipulation with the
accused party per subsection 120.57(4), F.S.
Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a), 489.553(2), (3), 489.556, 489.557 FS. Law Implemented Part III 489
FS. History–New 3-17-92, Amended 1-3-95, 2-13-97, Formerly 10D-6.0751, Amended 2-3-98, 5-24-04.
61
64E-6.023 Certification of Partnerships and Corporations.
(1) Authorization of a corporation is only effective as to that corporation; subsidiaries or parents of authorized corporations
must be separately authorized.
(a) Application for a certificate of authorization shall be made to the department on Form DH 4077, 04/03, Application for
Certificate of Authorization, herein incorporated by reference, and shall be accompanied by all necessary exhibits and fees. A
business that applies for a certificate of authorization after the mid point of the biennial authorization cycle shall pay one/half
the fee required in Rule 64E-6.030, F.A.C.
(b) Any certificate of authorization not renewed in a timely manner shall expire. Applications for renewal shall be
considered timely filed if the application has been post marked prior to the close of business on the date of expiration of the
certificate. If that date falls on a weekend or legal holiday, the day of expiration shall be the first working day after the
expiration date of the certificate.
(2) A registered contractor may not be the sole qualifying contractor for more than one business required to have a
certificate of authorization.
(3) A business organization which loses its qualifying contractor shall have sixty (60) days from the date the qualifier
terminated his affiliation within which to obtain another qualifying person. This period shall be extended by the department for
a period of 30 days pending the outcome of the examination if the applicant has provided a completed application and all
required exhibits and fees. During this period, the business organization may complete any existing contracts or continuing
contracts, but may not undertake new contracts.
(4) A business organization shall provide written notification to the department within 30 days of any change in the
ownership of the business.
(5) A business organization that changes its name shall apply for a new certificate of authorization within 30 days of the
name change.
Rulemaking Authority 381.0065, 489.553, 489.557 FS. Law Implemented 381.0065, Part III 489 FS. History–New 10-25-88,
Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.076, Amended 4-21-02, 5-24-04, 6-25-09, 4-28-10.
PART IV
PERFORMANCE-BASED TREATMENT SYSTEMS
Definitions in Chapter 64E-6, Parts I and II, F.A.C., are also applicable to Chapter 64E-6, Part IV, F.A.C.
(1) Advanced Secondary Treatment Standards: A wastewater system with the following operational criteria:
(a) CBOD5 and TSS.
1. The arithmetic mean of the CBOD5 or TSS values for the effluent samples collected (whether grab or composite
technique is used) during an annual period shall not exceed 10 mg/l.
2. The arithmetic mean of the CBOD5 or TSS values for a minimum of four effluent samples, each collected (whether grab
or composite technique is used) on a separate day during a period of 90 consecutive days (quarterly) shall not exceed 12.5
mg/l.
or composite technique is used) on a separate day of seven consecutive days shall not exceed 15 mg/l.
4. Maximum-permissible concentrations of CBOD5 or TSS values in any effluent grab sample at any time shall not exceed
20 mg/l.
(b) TN.
1. The arithmetic mean of the TN values for the effluent samples collected (whether grab or composite technique is used)
during an annual period shall not exceed 20 mg/l.
2. The arithmetic mean of the TN values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used) on a separate day during a period of 90 consecutive days (quarterly) shall not exceed 25 mg/l.
composite technique is used) on a separate day of seven consecutive days shall not exceed 30 mg/l.
4. Maximum-permissible concentrations of TN values in any effluent grab sample at any time shall not exceed 40 mg/l.
(c) TP.
1. The arithmetic mean of the TP values for the effluent samples collected (whether grab or composite technique is used)
2. The arithmetic mean of the TP values for a minimum of four effluent samples, each collected (whether grab or
composite technique is used) on a separate day during a period of 90 consecutive days (quarterly) shall not exceed 12.5 mg/l.
composite technique is used) on a separate day of seven consecutive days shall not exceed 15 mg/l.
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4. Maximum-permissible concentrations of TP values in any effluent grab sample at any time shall not exceed 20 mg/l.
(d) Fecal coliform – system operation shall result in not more than 200 fecal coliform colonies per 100 ml of effluent
sample. Where chlorine is used for disinfection, the design shall include provisions for rapid and uniform mixing and a total
chlorine residual of at least 0.5 mg/l shall be maintained after at least 15 minutes contact time at the peak hourly flow. To
determine compliance of a system, the following operational criteria (using either MF or MPN methods) shall be applicable.
1. The arithmetic mean of the fecal coliform colonies collected during the annual period shall not exceed 200 per 100 ml of
effluent.
2. The median value of the fecal coliform colonies for a minimum number of 10 samples of effluent, each collected on a
separate day during a period of 30 days (monthly) shall not exceed 200 per 100 ml of sample.
3. No more than 10% of the samples collected during the period of 30 consecutive days shall exceed 400 fecal coliform
colonies per 100 ml of sample.
4. Any one sample shall not exceed 800 fecal coliform colonies per 100 ml of sample.
(2) Advanced Wastewater Treatment Standards: A wastewater system with the following operational criteria:
(a) CBOD5 and TSS.
or composite technique is used) on a separate day during a period of 90 consecutive days (quarterly) shall not exceed 6.25
mg/l.
or composite technique is used) on a separate day of seven consecutive days shall not exceed 7.5 mg/l.
10 mg/l.
(b) TN.
1. The arithmetic mean of the TN values for the effluent samples collected (whether grab or composite technique is used)
composite technique is used) on a separate day of seven consecutive days shall not exceed 4.5 mg/l.
4. Maximum-permissible concentrations of TN values in any effluent grab sample at any time shall not exceed 6 mg/l.
(c) TP.
1. The arithmetic mean of the TP values for the effluent samples collected (whether grab or composite technique is used)
composite technique is used) on a separate day of seven consecutive days shall not exceed 1.5 mg/l.
4. Maximum-permissible concentrations of TP values in any effluent grab sample at any time shall not exceed 2.0 mg/l.
(d) Fecal coliform – system operation shall result in an effluent in which fecal coliform colonies (per 100 ml of sample)
are below detectable limits. Where chlorine is used for disinfection, the design shall include provisions for rapid and uniform
mixing; and the total chlorine residual of at least 1.0 mg/l shall be maintained at all times. The minimum acceptable contact
time shall be 15 minutes at the peak hourly flow. To determine compliance of a system, the following operational criteria
(using either MF or MPN methods) shall be applicable.
1. Fecal coliform shall be below the detection limits for 75% of the samples collected over a 30 day period.
3. Any one sample shall not exceed 5.0 mg/l of TSS at a point before application of the disinfectant.
(3) Baseline system standards – A wastewater system with the following operational criteria:
(a) Effluent concentrations from the treatment tank:
1. CBOD5 – <240 mg/l.
2. TSS – <176 mg/l.
3. TN – <45 mg/l.
4. TP – <10 mg/l.
(b) Percolate concentrations from the baseline system prior to discharge to groundwater:
1. CBOD5 – <5 mg/l.
2. TSS – <5 mg/l.
3. TN – <25 mg/l.
4. TP – <5 mg/l.
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(4) Bottom infiltrative surface – the vertical projection of the bottom surface of the drainfield that is no lower in elevation
than 30 inches below grade.
(5) Composite sample – means a combination of individual samples of wastewater or effluent taken at selected intervals,
generally hourly or less for some specified period, to minimize the effect of the variability of the individual sample.
(6) Grab sample – a sample which is taken from a wastestream without regard to the flow in the wastestream and over a
period of time not to exceed fifteen minutes.
(7) Effective drainfield depth – the vertical distance from the bottom of the drainfield to the invert of the distribution pipe.
(8) Florida Keys nutrient reduction treatment – a treatment which will provide a recovered water product that contains not
more, on a permitted annual average basis, than the following concentrations from a sampling point located following the final
design treatment step of the onsite sewage treatment and disposal system:
(a) Biochemical Oxygen Demand (CBOD5) 10 mg/l
(b) Suspended Solids 10 mg/l
(c) Total Nitrogen, expressed as N 10 mg/l
(d) Total Phosphorus, expressed as P 1 mg/l
(9) Innovative System – as defined by Section 381.0065(2)(g), F.S.

(10) Performance-based treatment system – a specialized onsite sewage treatment and disposal system designed by a
professional engineer with a background in wastewater engineering, licensed in the state of Florida, using appropriate
application of sound engineering principles to achieve specified levels of CBOD5 (carbonaceous biochemical oxygen demand),
TSS (total suspended solids), TN (total nitrogen), TP (total phosphorus), and fecal coliform found in domestic sewage waste, to
a specific and measurable established performance standard. This term also includes innovative systems.
(11) Performance System Maintenance Entity – any person or business entity which has been issued a written permit by
the county health department and has been authorized by the design engineer or manufacturer of all treatment components used
in the performance-based treatment system and provides operation and maintenance services associated with performance-
based treatment system.
(12) Secondary Treatment Standards: A wastewater system with the following operational criteria:
(a) CBOD5 and TSS.
or composite technique is used) on a separate day during a period of 30 consecutive days (monthly) shall not exceed 30 mg/l.
or composite technique is used) on a separate day of seven consecutive days shall not exceed 45 mg/l.
60 mg/l.
(b) Fecal coliform – system operation shall result in not more than 200 fecal coliform colonies per 100 ml of effluent
sample. Where chlorine is used for disinfection, the design shall include provisions for rapid and uniform mixing and a total
chlorine residual of at least 0.5 mg/l shall be maintained after at least 15 minutes contact time at the peak hourly flow. To
determine compliance of a system, the following operational criteria (using either MF or equivalent MPN methods) are
applicable.
1. The arithmetic mean of the fecal coliform colonies collected during the annual period shall not exceed 200 per 100 ml of
effluent.
2. The geometric mean of the fecal coliform colonies for a minimum of 10 samples of effluent, each collected on a
separate day, shall not exceed 200 per 100 ml of sample.
3. No more than 10% of the samples collected during a period of 30 consecutive days shall exceed 400 fecal coliform
(13) Sidewall infiltrative surfaces – the horizontal projection of the drainfield measured from the invert of the drainfield
distribution pipe to the bottom infiltrative surface, or to 30 inches below finished grade, whichever is less.
(14) Total drainfield depth – the vertical distance from the bottom of the drainfield to the top of the drainfield
(15) Wastewater strength – the sum of the CBOD5 and TSS concentrations in the effluent.
Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a) FS. Law Implemented 381.0065, 381.0067, 386.041 FS. History–New
2-3-98, Amended 3-22-00, 6-18-03, 11-26-06.
64E-6.026 Applications for Innovative System Permits and System Construction Permits.
(1) Applications for innovative system permits – Applications for innovative system permits shall be made using form DH
3143. The application and all supporting information shall be signed, dated and sealed by an engineer, licensed in the State of
Florida. Except as provided for in subsection 64E-6.028(3), F.A.C., alternative drainfield materials and designs shall not be
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approved which would result in a reduction in drainfield size using the mineral aggregate drainfield system as described in
Rule 64E-6.014, F.A.C., and the total surface area of soil at the bottom of the drainfield as the criteria for drainfield sizing
comparisons. Applications shall include:
(a) A monitoring protocol designed to validate that the system will perform to the engineer’s design specifications.
(b) Compelling evidence that the system will function properly and reliably to meet the requirements of this chapter and
Section 381.0065, F.S. Such compelling evidence shall include one or more of the following from a third-party testing
organization approved through the NSF Environmental Technology Verification Program:
1. Side stream testing, where effluent is discharged into a system regulated pursuant to Chapter 403, F.S.
2. Testing of systems in other states with similar soils and climates.
3. Laboratory testing.
(2) Applications for system construction permits – All information required in part I for an application for system
construction permit shall be included as part of the application for a performance-based treatment system. Two copies of all
information shall be dated, signed and sealed by the registered engineer who designed the system, and provided to the
department. Upon any change to the design, two copies of any revisions shall be provided to the department. Additional
information shall include the following:
(a) System design criteria, to include performance levels for the performance-based system and monitoring requirements
and monitoring locations, and method of monitoring flow through the system. Performance levels shall be indicated in the
design as secondary treatment standards, advanced secondary treatment standards, or advanced wastewater treatment standards,
or baseline treatment.
(b) System design calculations for the performance-based system.
(c) System design plans and drawings for the performance-based treatment system, to include all components and method
of installation to be used in construction. A detailed installation drawing shall be included. The site plan required in paragraph
64E-6.004(3)(a), F.A.C., shall be drawn to scale.
(d) Where soil is used as part of the treatment system, a site plan showing the direction of groundwater movement, the
locations of all effluent plume monitoring wells or devices, and the anticipated extent of the effluent plume.
(e) Contingency plan for effluent to be collected and disposed of, or treated, in the event of system failure.
(f) Certification of design. The design engineer shall certify the design of the system to meet all applicable performance
standards. The certification shall be as follows: “I certify that the engineering features of this performance-based treatment
system have been designed or specified by me and conform to engineering principles applicable to such projects. In my
professional judgment, this system, when properly constructed, operated and maintained, will achieve the established
performance standard and comply with all applicable statutes of the State of Florida and rules of the Department”.
(g) An operation and maintenance manual shall be prepared by the design engineer and provided as part of the original
design.
(h) All changes to the engineering specifications shall be approved and certified by the design engineer. A copy of any
changes shall be provided to the county health department for review for compliance with performance-based system standards
and approval or disapproval.
(i) All changes to the operation and maintenance manual shall be approved and certified by the design engineer. A copy of
any changes shall be provided to the county health department for review and approval or disapproval.
(j) A cover letter addressed to the county health department stating that the applicant wishes to apply for a performance-
based treatment system.
Rulemaking Authority 381.0011(4), (13), 381.0065(3)(a) FS. Law Implemented 381.0065, 381.0067, Part I 386 FS. History–
New 2-3-98, Amended 6-18-03, 11-26-06, 4-28-10.
64E-6.027 Permits.
(1) Innovative System Permit – An application for system construction permit for an innovative system cannot be
reviewed until the innovative system permit has been approved specifying the number of systems and time limits. The
department’s decision to grant or deny the innovative system permit shall be based on the presence or absence of compelling
evidence that the innovative systems will function properly and reliably to meet the requirements of this chapter and Section
381.0065, F.S.
(2) System Construction Permit – No portion of a performance-based treatment system shall be installed, repaired, altered,
modified, abandoned or replaced until a construction permit has been issued on Form DH 4016. If building construction has
commenced, the system construction permit shall be valid for an additional 90 days beyond the eighteen month expiration date.
A fee shall be charged for a repair permit issued within 12 months from the date of final authorization of the performance-
based treatment system. If a construction or repair permit for a performance-based treatment system is transferred to another
person, the date of the construction or repair permit shall not be amended, but shall run from the date of original issuance prior
65
to the transfer. Servicing or replacing with like kind mechanical or electrical parts of a performance-based treatment system;
pumping of septage from a system; or making minor structural corrections to a tank, or distribution box, does not constitute a
repair, however, all services must be performed by the performance system maintenance entity. Any proposed change from the
original design, including increasing or decreasing changes in flow rate, shall require that the system be re-engineered to
achieve the desired performance standard under the altered conditions.
(3) Within 15 working days after the department receives a completed application for a performance-based treatment
system, the county health department must either issue a permit for the system or shall notify the applicant that the system does
not comply with the performance criteria, and refer the application to the Bureau of Onsite Sewage Programs, who shall review
the application for a determination whether the system should be approved, disapproved, or approved with modifications. The
determination of the engineer for the Bureau of Onsite Sewage Programs shall prevail over the action of the local county health
department. All applications for a construction permit for an innovative system shall be reviewed for completeness by the
county health department and referred to the Bureau of Onsite Sewage Programs for review and approval, disapproval or
approval with modifications.
(4) The applicant shall be notified of the department’s determination. If the permit is denied, the applicant shall be notified
of their right to pursue a variance or seek review under the provisions of Chapter 120, F.S.
(5) System inspection – Before covering with earth and before placing the performance-based treatment system into
service, a person installing or constructing any portion of the performance-based treatment system shall notify the county
health department of the completion of the construction activities and shall have the system inspected by the department for
compliance with the requirements of this chapter.
(a) Prior to or concurrent with a final installation inspection by the department, the professional engineer who designed the
system, or the design engineer’s designee, shall observe the entire installation and shall certify in writing that the installed
system complies with the approved design and installation requirements. This certification shall read as follows: “I certify that
the engineering features of this performance-based treatment system have been examined by me and found to substantially
comply with all specifications contained in the engineering design that was the basis for issuance of the construction permit. I
certify that the operation and maintenance manual for this performance-based treatment system has been prepared or examined
by me or by an individual(s) under my direct supervision and that there is reasonable assurance, in my professional judgment,
that the system, when properly operated and maintained in accordance with this manual, will achieve the established
performance standard and comply with all applicable statutory requirements and rules of the department”.
(b) If the system construction is approved after an inspection by the county health department, the department shall issue a
“Construction Approval” notice to the installer. A drawing to depict the installation as built shall be provided to the department
prior to final system approval.
(c) If the system is found to not comply with the construction permit during the construction inspection on any type of
system installation, the county health department shall notify the engineer. The installer shall make all required corrections and
notify the county health department of the completion of the work prior to reinspection of the system. A reinspection fee shall
be charged for each additional inspection leading up to construction approval.
(d) Final installation approval shall not be granted until the county health department has confirmed that all requirements
of this chapter, including building construction and lot grading are in compliance with plans and specifications provided with
the permit application, the system maintenance entity has been identified to the county health department, and the property
owner has executed and recorded in the public property records at the county courthouse, a written notice that informs all
subsequent property owners of the use of the performance-based treatment system, and of the requirement for the system to be
maintained, in perpetuity, in compliance with all lawful requirements. “Approved” installation does not imply that a system
will perform satisfactorily for a specific period of time.
(6) Operating permits – No residence or establishment served by a performance-based treatment system shall be occupied
until Form DH 4081, “Application for Onsite Sewage Treatment and Disposal System Operating Permit” has been received
and approved by the department. Where a performance-based treatment system is used, only one operating permit shall be
required for the system.
(a) Maintenance entities contracting to service performance-based treatment systems shall obtain a biennial operating
permit from the county health department for the system. Persons operating a performance-based treatment system shall permit
department personnel right of entry to the property during normal working hours to allow for effluent sampling or evaluating
the general state of repair or function of the system.
(b) The permit shall designate the performance system maintenance entity responsible for the operation and maintenance
of the system. At a minimum, the performance system maintenance entity responsible for maintenance of the system shall test,
or cause to be tested, the performance-based treatment system in accordance with Part IV of this rule. The frequency of testing
shall be specified on the biennial operating permit. The operating permit shall also specify the observation interval to assess the
operation of the system without taking monitoring samples.
(c) Systems and the structures which they serve shall be inspected by the department at least once annually during the term
of the biennial operating permit to determine compliance with the terms of the operating permit.
(d) A copy of the signed maintenance agreement between the property owner or property lessee and an engineer-designed
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performance-based system maintenance entity shall be provided to the county health department by the maintenance entity.
The maintenance agreement shall:
1. Initially be for a period of at least 2 years and subsequent maintenance agreement renewals shall be for at least 1 year
periods for the life of the system.
2. Provide that a maintenance entity which desires to discontinue the provision of maintenance services, notify in writing,
the property owners and lessees and the county health department at least 60 days prior to discontinuance of service.
3. Provide that, if a private maintenance entity discontinues business, property owners who have previously contracted
with the discontinued maintenance service shall, within 60 days of the service termination date, contract with an approved
maintenance service and provide the county health department a copy of the newly signed maintenance agreement.
4. Provide that each performance-based treatment system is inspected by an engineer-designed performance-based system
maintenance entity at least two times each year. The maintenance entity shall furnish to the county health department a listing
of all performance based treatment systems inspected or serviced during the respective reporting period. As a minimum,
reports shall indicate the system owner or building lessee, the street address of the system, the date of system inspection or
service and a statement as to the maintenance or service performed. The maintenance entity shall also include a list of the
owners who have refused to renew their maintenance agreement.
(e) No performance-based treatment system shall be serviced or repaired by a person or entity engaged in a performance-
based treatment system maintenance service until the service entity has obtained an annual written permit issued on Form DH
4013 from the DOH county health department in the county where the service company is located. Each service entity shall
employ at least one plumbing contractor licensed under Section 489.105(3)(m), F.S., septic tank contractor registered under
Part III of Chapter 489, F.S., or a state-licensed wastewater treatment plant operator, who is responsible for maintenance and
repair of all systems under contract. Application for a Maintenance Service Permit, Form DH 4066, shall be made to the DOH
county health department and shall contain the following information:
1. Evidence that the maintenance entity possesses a manufacturer’s maintenance and operations manual and has received
training from the manufacturer in proper installation and service of the performance-based treatment system components and
has received written approval from the components’ manufacturers to perform service on their components. The manual shall
contain detailed instructions on proper operation and maintenance procedures, a replacement parts list for all components being
installed and maintained, a statement giving the capabilities of each system, instructions on how to detect a malfunctioning
system and what to expect from a properly functioning system.
2. A signed statement from the applicant attesting that the applicant has adequate staff, possesses proper equipment and
has sufficient spare structural and mechanical parts and components to perform routine system monitoring and servicing and is
able to make a service response within 36 hours after notification of the need for emergency repairs.
3. Payment of $25.00 to the DOH county health department per annum for the performance-based treatment system
maintenance service permit.
Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065, Part I 386 FS. History–New 2-3-98, Amended 4-21-02,
6-18-03, 6-25-09, 4-28-10.
64E-6.028 Location and Installation.

Performance-based treatment systems shall be installed in compliance with the following.
(1) Systems shall receive the following setbacks to the listed feature. If no setback is specified for a specific feature, Part I
requirements shall apply unless the performance-based treatment system is located in the Florida Keys. If located in the Florida
Keys, Part II shall be used for all setbacks.
(a) Secondary Treatment Standards. The system shall be a minimum of 65 feet from any surface water bodies or wet
retention or detention area if the lot was platted on or after January 1, 1972.
(b) Advanced Secondary Treatment Standards.
1. Surface water bodies: The system shall be a minimum of 50 feet from any surface water bodies or wet retention or
detention area if the lot was platted on or after January 1, 1972.
2. Groundwater interceptor drain: 10 feet.
3. Dry retention area and swales: 10 feet.
4. Where a performance-based treatment system is placed adjacent to Class II waters, setbacks that are applied to
secondary treatment levels shall be applicable. Alternatively, where the fecal coliform complies with the following levels,
reduced setbacks in subparagraphs 64E-6.028(1)(b)1. through 3., F.A.C., above shall be allowed.
a. System operation shall result in not more than 14 fecal coliform colonies per 100 ml of effluent sample. Where chlorine
is used for disinfection, the design shall include provisions for rapid and uniform mixing and a total chlorine residual of at least
1.0 mg/l shall be maintained after at least 15 minutes contact time at the peak hourly flow. To determine compliance of a
system, the following operational criteria (using either MF or MPN methods) are applicable.
67
b. The arithmetic mean of the fecal coliform colonies collected during the annual period shall not exceed 14 per 100 ml of
effluent.
c. The median value of the fecal coliform colonies for a minimum number of 10 samples of effluent, each collected on a
separate day during a period of 30 days (monthly) shall not exceed 14 per 100 ml of sample.
d. No more than 10% of the samples collected during the period of 30 consecutive days shall exceed 43 fecal coliform
e. Any one sample shall not exceed 86 fecal coliform colonies per 100 ml of sample.
(c) Advanced Wastewater Treatment Standards.
1. Surface water bodies: The drainfield shall be a minimum of 25 feet from any surface water bodies or wet retention or
detention area. The treatment unit or process containers shall be a minimum of 50 feet from any surface water bodies or wet
retention or detention area.
2. Groundwater interceptor drain: 10 feet.
3. Dry retention area and swales: 10 feet.
4. Seasonal high water table to bottom of drainfield: 12 inches.
(2) Systems designed to meet secondary treatment standards shall be allowed to exceed their authorized lot sewage flow
allowances by up to 25%. Systems designed to meet advanced secondary treatment standards shall be allowed to exceed their
authorized lot sewage flow allowances by up to 50%. Systems designed to meet advanced wastewater treatment standards shall
be allowed to exceed their authorized lot sewage flow allowance by up to 100%. For example, if authorized lot flow is 200
gallons per day, a total of 300 gallons per day lot flow will be allowed for systems designed to meet advanced secondary
treatment standards.
(3) Drainfield designs: The following alterations to drainfield requirements shall be allowed for pressure dosed systems
only.
(a) Long Term Acceptance Rate, also known as LTAR – LTAR’s for sidewall infiltrative surfaces shall not exceed 1.25
times the bottom infiltrative surface LTAR for the same soil classification. Where the soil classification varies within the
drainfield soil profile, the sidewall LTAR shall be adjusted accordingly. Sidewall infiltrative surfaces may be utilized only
when a system is dosed a maximum of two times per day and the trench width is no greater than 18 inches.
(b) For septic tank effluent, maximum LTAR values shall not exceed the equivalent to the baseline standard for the soil
classification in question. (see Table IX)
TABLE IX
Bottom/Sidewall Infiltrative Surface Maximum Equivalent LTAR’s
Side LTAR: Bottom LTAR ratio = 1.25 1.25 1.25 1.25
Current trench bottom LTAR (gal/sq. ft/day) = 1.20 0.90 0.65 0.35
Trench width (inches) = 36.00 36.00 36.00 36.00
Effective sidewall height (inches) = 8.00 8.00 8.00 8.00
Total sidewall height (inches) = 12.00 12.00 12.00 12.00
Revised bottom LTAR (gal/sq. ft/day) = 0.77 0.58 0.42 0.23
New sidewall LTAR (gal/sq. ft/day) = 0.96 0.72 0.52 0.28
Footnotes to Table IX.

Footnote 1. Designs that utilize onsite open trench horizontal and vertical hydraulic conductivity testing to adjust the bottom
and sidewall LTAR’s shall be acceptable. The LTAR can be modified; however, the side LTAR: bottom LTAR ratio cannot
exceed 1.25 for like soils.
Footnote 2. Designs that utilize established modeling techniques to determine the maximum effective capacity (design daily
flow) of a designed drainfield system shall be acceptable.
Footnote 3. The horizontal and vertical projections of inclined surfaces cannot be considered for both sidewall and bottom
credit in the same cross section. The designer must select one or the other.
Footnote 4. The current trench bottom LTAR’s are from Part I, Table III, and are referred to as maximum sewage loading rates
in Table III.
Footnote 5. Absorption beds shall be allowed providing the LTAR’s are adjusted accordingly.
(c) Designs based on groundwater monitoring shall be site specific with auger borings in accordance with paragraph 64E-
6.004(3)(c), F.A.C., not to exceed 10 foot increments along the drainfields.
(d) Infiltrative surfaces greater than 30 inches below finished grade shall be considered ineffective in the aerobic treatment
of wastewater.
(e) Sidewall-to-sidewall separation between adjacent trenches shall be equal to or greater than 1.0 times the width for
slightly limited soils and 2.0 times the width for moderately limited soils. A minimum separation not less than six inches shall
be maintained between trenches.
(4) Hydraulic surge storage – the design shall protect the residence from backflow into the treatment tank. For gravity and
pumped systems, the following shall apply:
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(a) For aggregate systems, the porosity shall be calculated at 33%.
(b) The effective storage volume of the drainfield shall be equal to or greater than 1.5 times the design daily flow.
(c) The total storage volume of the drainfield shall be equal to or greater than 1.8 times the design daily flow.
(5) Infiltrative surface area reductions shall be allowed for systems designed to reduce the wastewater strength of the
effluent where the drainfield is sized based on slightly limited soils. The baseline system shall be used for comparison with a
typical average CBOD5 of 140 mg/l and TSS of 105 mg/l. The maximum reduction in infiltrative surface area shall not exceed
the following standards.
(a) Secondary treatment standards: 25% reduction.
(b) Advanced secondary treatment standards: 40%.
(c) Advanced wastewater treatment standards: 40%.
Rulemaking Authority 381.0065(3)(a) FS. Law Implemented 381.0065, 386.041 FS. History–New 2-3-98, Amended 3-22-00, 6-
25-09.
64E-6.029 Monitoring.
Monitoring requirements – All performance-based treatment systems shall be monitored in compliance with the requirements
in this section. If soil is considered part of the treatment system in any performance-based standard, monitoring points in the
effluent plume within the boundaries of the property must be in compliance with the minimum criteria for total nitrogen, total
phosphorous and fecal coliform.
(1) Advanced wastewater treatment systems.
(a) A maintenance report shall be kept by the performance system maintenance entity. A copy of all maintenance reports
shall be provided to the county health department on monthly intervals, to begin one month after system operation has started.
After the first six reports are provided to the county health department, reports shall be provided once every three months. All
reports must be legible. The report shall include the following information:
1. Address of performance-based treatment system.
2. Date and time of inspection.
3. Sample collection time and date, and person who collected sample.
4. Results of all sampling.
5. Volume of effluent treated, to include total monthly and daily average.
6. Maintenance performed.
7. Problems noted with performance-based treatment system and actions taken or proposed to overcome them.
8. During the first six months of system operation, or after the system has failed, systems shall be monitored a minimum of
once every two weeks. Monitoring shall include sampling for CBOD5, TSS, TN, TP and fecal coliform. Monitoring shall occur
at the time the system is expected to be at capacity, or as close to capacity as possible. Re-sampling within 48 hours of receipt
of laboratory results shall be allowed on all samples that exceed design parameters in order to evaluate the validity of the
original sample results. If the re-sample is in compliance with the appropriate performance-based standard, the original result
shall be disregarded. Laboratories must be approved by the department or the Department of Environmental Protection for all
analyses performed. All results shall be certified by the laboratory.
a. If any two consecutive samples exceed design treatment standards by more than 100%, the system design and operation
shall be inspected by the design engineer for conformance with permitting requirements, and shall be adjusted to bring the
effluent quality into compliance with permitting requirements. Monitoring shall be increased to once per week, or more if the
design engineer specifies such, until such time the violation is corrected. When two consecutive samples are within 100% of
the design parameters, monitoring shall be reduced to once every two weeks. For example, if the design parameter is 10 mg/l
CBOD5, a reading of 20 mg/l CBOD5 exceeds the standard by 100%.
b. After a six month period of compliance with all applicable performance standards, sampling shall be performed
quarterly.
c. When an applicant installs a system designed to meet advanced wastewater treatment standards, the monitoring
frequency shall be reduced by 50% if only one of the following three location and installation requirements is used and the
other two remain at the standards required of prescriptive systems. The three requirements are:
(I) Setbacks required in paragraphs 64E-6.028(1)(a)-(c), F.A.C.
(II) Seasonal high water table subparagraph 64E-6.028(1)(c)4., F.A.C.
(III) Authorized lot flow subsection 64E-6.028(2), F.A.C.
(b) When four consecutive once every two week samples from a system are at or below the applicable standard, sampling
frequency shall be reduced to quarterly.
(c) When eight consecutive quarterly samples from a system are below the applicable standard, sampling frequency shall
be reduced to once every six months.
(d) All reports of operating permit violations shall be reported to the department within five working days.
(e) If the system cannot be brought into compliance with design parameters, the contingency plan must be enforced.
(f) All failures of the performance-based treatment system shall be reported to the county health department by the
69
maintenance entity within one working day from discovery of failure. The testing laboratory shall mail copies of all results to
the county health department.
(g) Testing performed during periods of system non-use that exceed one week, shall not qualify as legitimate samples for
purposes of compliance with any provisions of this rule.
(2) Secondary treatment systems and advanced secondary treatment systems.
(a) A maintenance report shall be kept by the performance system maintenance entity. A copy of all maintenance reports
shall be provided to the county health department on quarterly intervals. All reports must be legible. The report shall include
the items required in subparagraphs 64E-6.029(1)(a)1., 2., 5., 6. and 7., F.A.C., in addition to the following information:
1. Ponding depth observed through drainfield observation ports or, when the drainfield design prevents direct measurement
of ponding depth, CBOD5 and TSS results for samples collected at a point prior to the discharge to the drainfield.
2. If system performance is necessitated by setback reductions or lot flow allowances:
a. Sampling results for Fecal Coliform from Secondary Treatment Systems.
b. Sampling results for Nitrogen, Phosphorous and Fecal Coliform from Advanced Secondary Treatment Systems.
c. Collection time and date of all samples.
d. Name of the person who collected samples.
(b) All reports of operating permit violations shall be reported to the department within five working days.
(c) If the system cannot be brought into compliance with design parameters, the contingency plan must be implemented by
the system owner.
(d) All failures of the performance-based treatment system shall be reported to the county health department by the
maintenance entity within one working day from discovery of failure. The testing laboratory shall mail copies of all results to
the county health department.
(3) Florida Keys nutrient reduction treatment systems shall be monitored and sampled in accordance with Part II of this
chapter.
(4) All systems with drainfields designed under subsection 64E-6.028(3)-(5), F.A.C., shall be monitored via placing a
minimum of two observation ports in the drainfield. Monitoring will consist of recording depth of effluent ponding in the
drainfield in at least two places on a quarterly basis.
(5) If soil is considered part of the treatment system in any performance-based standard, two monitoring points in the
effluent plume within the boundaries of the property must be in compliance with the performance level specified by the design
engineer.
(6) Any performance-based treatment system that is out of compliance with the terms of the operating permit shall be re-
engineered by an engineer registered in the State of Florida. The system shall be brought into compliance with treatment
standards required at the time of system permitting.
(7) Innovative systems shall be monitored in accordance with the design engineer’s protocol submitted with the
application as approved by the department. All monitoring and sampling shall be performed at the expense of the applicant. At
a minimum, the monitoring protocol shall:
(a) Determine if baseline standards are being met.
(b) Address the monitoring for any contaminant being reduced.
(c) Address the monitoring of any site condition being modified.
(8) The following shall be considered as violations of the performance-based treatment system operating permit:
(a) The failure to maintain equipment in a condition which will enable the intended function.
(b) The submission, by the owner, manager or maintenance entity of a performance-based treatment system, or agent or
employee thereof, of misleading, false, or inaccurate information or operational reports to the department, either knowingly or
through neglect.
(c) The submission of fraudulent data produced with an intention to deceive including the following:
1. Apparent measurement results for which no measurement or test results were actually made as determined by the
absence of the supporting records which are usually made.
2. Measurements or test results obtained by deliberately and knowingly making measurements or collecting samples at
places and times other than as specified in this chapter.
3. Test results obtained through use of unapproved and erroneous sampling, preservation, storage, or analysis procedures.
4. Computational errors, misunderstandings of required procedures and other common errors are excluded.
Rulemaking Authority 381.0011(13), 381.006, 381.0065(3)(a) FS. Law Implemented 381.0065, 381.0067, 386.041 FS.
History–New 2-3-98, Amended 3-22-00, 6-18-03.
64E-6.0295 Innovative System Reclassification.

(1) Following the installation and monitoring of the number of systems allowed by the innovative system permit, the
applicant may request reclassification of their innovative system by the Bureau of Onsite Sewage Programs. Requests for
reclassification as an alternative system component and design shall be made in accordance with subsection 64E-6.009(7),
70
F.A.C. Requests for reclassification as a performance-based treatment system shall include the following:
(a) Results and analysis of monitoring of the systems installed.
(b) Observations of system performance.
(c) Maintenance, repairs or modifications performed on any systems.
(d) Comments from the system operators or users.
(e) Comments from the design engineers who designed the individual system designs.
(f) Comments from the county health departments in the counties where the systems were installed.
(g) Specification of the proposed classification as performance-based.
(h) Rationale for the proposed type of classification desired.
(i) Proposed monitoring protocol.
(j) A sample manual addressing the siting, design, installation, inspection, operation, maintenance and abandonment
procedures.
(2) The Bureau of Onsite Sewage Programs shall process the request in accordance with Chapter 120, F.S. The department
shall approve the request only if the department is satisfied that the system will reliably perform to the standards desired under
normal operating conditions as demonstrated by the information provided.
Rulemaking Authority 381.0011(13), 381.006, 381.0065(3)(a) FS. Law Implemented 381.0065, 381.0067, 386.041 FS.
History–New 6-18-03.
PART V
64E-6.030 Fees.
(1) The following fees are required for services provided by the department.
(a) Application and plan review for construction permit for new system. $100
(b) Application and approval for existing system, if system inspection is not required. $35
(c) Application and Existing System Evaluation. $50
(d) Application for permitting of a new performance-based treatment system. $125
(e) Site evaluation. $115
(f) Site re-evaluation. $50
(g) Permit or permit amendment for new system, modification or repair to system. $55
(h) Research/Training surcharge, new and repair permits. $5
(i) Initial system inspection. $75
(j) System reinspection (stabilization, non-compliance or other inspection after the initial inspection). $50
(k) Application for system abandonment permit, includes permit issuance and inspection. $50
(l) Annual operating permit industrial/manufacturing zoning or commercial sewage waste. $150
(m) Biennial operating permit for aerobic treatment unit or performance-based treatment system. $100
(n) Amendment to operating permit. $50
(o) Tank Manufacturer’s Inspection per annum. $100
(p) Septage Disposal Service permit per annum. $75
(q) Portable or Temporary Toilet Service permit per annum. $75
(r) Additional charge per pumpout vehicle, septage disposal service or portable toilet service. $35
(s) Septage stabilization facility inspection fee per annum per facility. $150
(t) Septage disposal site evaluation fee per annum. $200
(u) Aerobic treatment unit maintenance entity permit per annum. $25
(v) Variance Application for a single family residence per each lot or $200
building site.
(w) Variance Application for a multi-family or commercial building per $300
each building site.
(x) Application for innovative product approval. $2500
(2) The following fees are required to accompany applications for registration of individuals for septic tank contractor or
master septic tank contractor or for a certificate of authorization for partnerships and corporations.
(a) Application for registration including examination. $75
(b) Initial registration. $100
(c) Renewal of registration. $100
(d) Certificate of authorization each two-year period. $250
Rulemaking Authority 154.06(1), 381.0066, 489.557(1) FS. Law Implemented 381.0065, 381.0066, 489.557 FS. History–New
2-3-98, Amended 3-22-00, 4-21-02, 5-24-04, 11-26-06, 9-24-07.
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POLICY ON REQUIREMENTS FOR CONTINUING EDUCATION COURSES AND COURSE PROVIDERS,
SEPTEMBER 2006
The following policy establishes the procedures for the approval of continuing education courses and course
providers, hereinafter referred to as providers, for septic tank contractors registered under Part III of Chapter 489, F.S.
Septic tank contractors will not be awarded continuing education credit for attending unapproved courses or courses
from an unapproved provider.
1. DEFINITIONS
(A)“Alternative Non-Classroom Continuing Education Hours” are approved continuing education hours, offered in a
non-classroom setting, such as correspondence and web-based courses or instruction received via electronic
education media.
(B) “Approved Course Provider” means a person or legal entity, such as a private or a public university, vocational
school, construction industry school or other professional association, approved by the department to provide
registered or master level courses, or Alternative Non-Classroom Continuing Education Hours.
(C) “Classroom Hour” and “Contact Hour” means a sixty-minute segment of an approved conference, workshop,
seminar or other program of approved instruction, exclusive of any breaks.
(D) “Course” means a conference, workshop, seminar or other program of instruction, including alternative non-
classroom continuing education hours, sponsored by a department approved course provider that has been
approved by the department for the purpose of complying with the registered septic tank contracting requirements
for continuing education pursuant to ss. 489.554, F.S.
(E) “Department” means the Department of Health, Bureau of Onsite Sewage Programs.
(F) "Educational Cycle Year” is the 12-month period between October 1 and September 30.
(G) “Master Level Course” is a conference, workshop, seminar or other program of approved instruction in advanced
onsite sewage treatment and disposal theory, concepts, laws, regulations, applied construction technologies,
alternative and innovative technologies, requiring the participant to demonstrate working knowledge or applied
understanding of the materials being presented, through testing, field work projects or experiments.
(H) “Registered Level Course” is a conference, workshop, seminar or other program of approved instruction in onsite
sewage treatment and disposal theory, safety (i.e., truck safety, brake inspection, confined spaces, excavation
safety, infection control, hand washing, skin cancer, etc.), concepts, laws, regulations, and applied construction
technologies.
2. STANDARDS FOR THE APPROVAL OF COURSE PROVIDERS
(A) Each course provider shall apply to the department for registration on DH Form 4116, 07/03, Application For
Septic Tank Contracting Course Provider, herein incorporated by reference. DH Form 4116 can be obtained from
the department’s Bureau of Onsite Sewage Programs.
(B) Provider approvals are valid for 4 years from the date the approval is issued.
(C) Any changes to the information contained in the provider application shall be submitted to the department within
30 days following the effective date of the changes.
(D) The provider is responsible for maintaining records regarding the name and business affiliation of each person
who attends an approved course of instruction and for reporting the attendance to the department.
(E) Providers shall allow access to approved courses to all registered contractors and shall issue statewide notice of
course availability to all active registered septic tank and master septic tank contractors.
(F) Providers shall be required to provide a post-course evaluation form for completion by the participants.
(G) Providers shall be required to check a valid picture identification card from attendees when they sign-in. The
provider shall remove all participants that engage in behavior that interrupts, impedes or creates disorder during
the presentation of approved instruction. One warning shall be given before removal. The provider shall not issue
a certificate of completion to any person who has been removed from the course.
(H) Providers shall issue a certificate of completion to each person who completes an approved course.
(I) Within 15 working days of course completion, the provider shall provide to the department copies of the sign-in
sheets and the list of participant names that qualify to receive continuing education credits. The names and
qualifications of any substitute course instructors that were not listed in the original application for course
approval shall also be provided. The provider may provide partial course credit in no more than 1/4 hour
increments. The provider must approve and document the reason for partial credit.
(J) The department shall maintain a list of all registered course providers.
POLICY ON REQUIREMENTS FOR CONTINUING EDUCATION COURSES AND COURSE PROVIDERS, JULY 2003
72
(K) The department shall approve or deny any application for provider approval within the time frames stipulated
under s. 120.60, FS. If the application is denied, the department shall identify the specific reasons for the denial in
writing. The department may assess penalties against a provider for any of the following acts or omissions:
(i) Submittal of an incomplete application; to include the application fee. Penalty assessed: Denial of
application.
(ii) Obtaining course approval through fraud, deceit, false statements, or misrepresentation of material facts,
whether such statements or misrepresentations are made knowingly or negligently. Penalty assessed:
Revocation
(iii) Falsifying any records regarding the approved course conducted by the provider. Penalty assessed:
Revocation
(iv) Failure to maintain records as specified in section 6 below. Penalty assessed: first violation, letter of
warning; repeat violation, fine of up to $500, suspension or revocation.
(v) Failure to submit to the department, copies of the sign-in sheets and the list of participant names, that
qualify to receive continuing education credits, within 15 days of completion of the course. Penalty
assessed: first violation, letter of warning; repeat violation, fine of up to $500, suspension or revocation.
(vi) Failure to adequately train staff responsible for taking attendance at any approved course. Penalty
assessed: first violation, letter of warning; repeat violation, fine of up to $500, suspension or revocation.
(vii) Advertising that a course has been approved by the department prior to the actual date of course
approval. Penalty assessed: first violation, letter of warning; repeat violation, fine of up to $500,
suspension or revocation.
(L) A provider who has had their approval revoked may not reapply for approval for 4 years from the date of final
agency action. A provider suspension shall be effective for a minimum of 1 educational cycle year.
3. STANDARDS FOR THE APPROVAL OF CONTINUING EDUCATION

COURSES
(A) Approved course providers shall submit an application for approval of continuing education courses. Providers
shall apply to the department for course approvals on DH Form 4115, 07/03, Application for Septic Tank
Contracting Course Approval, herein incorporated by reference. DH Form 4115 can be obtained from the
department’s Bureau of Onsite Sewage Programs.
(B) An approved course provider shall submit the application at least 60 days prior to the earliest date of the proposed
course.
(C) Course approval is valid for 2 years from date of issue, provided no changes are made to the course content or to
the minimum qualifications of the instructors.
(D) The application shall include the total number of classroom hours, the course agenda, and a detailed course
description.
(E) The department shall approve continuing education courses that appropriately relate to the public health,
environmental effects, the proper installation and use of onsite sewage treatment and disposal systems and safety
and management practices related to septic tank contracting.
(F) The department shall approve or deny any application for a continuing education course within the time frames
stipulated under s. 120.60, FS. If the application is denied, the department shall identify the specific reasons for
the denial in writing.
(G) The department shall not deny nor withdraw approval for any course solely on the basis that another provider is
conducting the same or similar approved course.
4. QUALIFICATIONS OF COURSE INSTRUCTORS
The approved course provider shall be responsible to ensure that instructors assigned to teach a course, or parts of a course,
meet one of the following criteria:
(A) Have a minimum of 3 years of work experience in the subject matter to be presented, or
(B) Have a 4 year college degree or graduate degree and related work experience, or
(C) Be a master septic tank contractor, or
(D) Be a state certified plumber with at least 3 years of experience in their technical area of licensure, or
(E) Be a registered septic tank contractor with at least 3 years of experience in their technical area of licensure, or
(F) Be a state certified environmental health professional with at least 3 years of work experience in their technical
area of certification.
POLICY ON REQUIREMENTS FOR CONTINUING EDUCATION COURSES AND COURSE PROVIDERS, SEPTEMBER 2006
73
5. COURSE AGENDA
(A) Each course shall have a course agenda, which will specify the name of the course, the name and address of the
provider and a description or outline of the contents of the course.
(B) Each person who registers for a course must be given the course agenda prior to attendance.
6. APPROVED COURSE PROVIDER RECORDS AND DOCUMENTATION REQUIREMENTS
The following records shall be maintained for a minimum of 2 years and made available to the department upon request, for
each course provided:
(A) The time, date and place the course is conducted.

(B) The name, address and qualifications of each instructor who teaches any portion of the course.
(C) The name and address of each person who attended the course.
(D) The original sign-in sheet used at the site of the course to register persons who attended each course. The sign-in
sheet shall reflect the name and the validated attendance signature of each participant.
(E) The course agenda used for each course.
(F) The post-course evaluation forms completed by the participants.
7. ADVERTISING OF CONTINUING EDUCATION COURSES
(A) A provider may not advertise a course as one approved by the department for continuing education until the
department grants such approval in writing.
(B) A provider may not include any false or misleading information regarding the contents, instructors or number of
classroom hours of any approved course.
(C) A provider must indicate in all course advertisements, the course has been approved by the department’s Bureau
of Onsite Sewage Programs.
8. FEES
(A) The application fee for Septic Tank Contracting Course Provider, DH Form 4116, is $250.00.
(B) The application fee for Registered and Master Level Course Approvals, DH Form 4115, is $25.00 per classroom
hour, not to exceed $150.00 per course approval.
POLICY ON REQUIREMENTS FOR CONTINUING EDUCATION COURSES AND COURSE PROVIDERS, SEPTEMBER 2006
74
Procedure for Voluntary Inspection and Assessment of Existing Systems
May, 2000
These inspection procedures are intended to be used as a minimum standard when these types of inspections are performed.
This procedure shall be used if a person having ownership of, control of, or use of an onsite sewage treatment and disposal
system requests to have the system inspected due to a reason that is not related to an increase in sewage flow or change in
sewage characteristics, or failure of the system.
(1) Inspection Procedures: All inspection procedures used by the inspector shall be documented. Unless the person requesting
the inspection specifies in writing that parts of the inspection be omitted, the inspection shall include a tank inspection, a
drainfield inspection, and a written assessment of the condition of the system. At any time where the inspector finds that the
system is in failure, or has been in failure, the inspector may choose to terminate the inspection and inform the owner of the
findings.
(2) Tank Inspection (when not omitted at the written instruction of the person requesting the inspection): The tank must be
pumped to determine its capacity. Where proof of a tank pumping, permitted new installation or permitted repair or permitted
modification can be documented within the previous three years, and where the document states the capacity of the tank and
that the condition of the tank does not constitute a sanitary nuisance, the inspector may waive the pumping requirement. Visual
inspection of the tank must be made when the tank is empty to detect cracks, leaks, or other defects. Check baffles or tees to
ensure they are intact and secure. Note the presence and condition of outlet device, effluent filters and compartment walls. Note
any structural defects in the tank. Note the condition and fit of the tank lid, including manholes. If the tank, in the professional
opinion of the inspector, is in danger of being damaged by leaving the tank empty after inspection, the tank will be refilled with
water prior to concluding the inspection.
(3) Drainfield Inspection (when not omitted at the written instruction of the person requesting the inspection): The drainfield
area should be probed to determine its location and approximate size. Note whether the drainfield is a trench or bed
configuration and whether it is made of mineral aggregate, non-mineral aggregate, or plastic chambers. In addition, note any
indications of previous failure, the condition of surface vegetation, for example, is there any seepage visible or excessively lush
vegetation? If so, the inspector should note if there is ponding water within the drainfield and if there is even distribution of
effluent in the field. The inspection should note any downspouts or drains that encroach or drain into the drainfield area. Auger
and examine soils to estimate the seasonal high water table in the area of the drainfield.
(4) Where the system contains pumps, siphons, alarms, the following minimum information is required when not omitted at the
written instruction of the person requesting the inspection:
(a) dosing tank integrity, approximate volume and material used in construction (i.e., concrete, fiberglass, plastic)
(b) pump elevated off the bottom of the chamber
(c) pump operational status
(d) If there is a check valve, is a purge hole present?
(e) Is there a high water alarm present
(f) Type of alarm (audio/ visual/both) and the location
(g) Does the alarm work?
(h) Do electrical connections appear satisfactory?
(i) Can surface water infiltrate into the tank?
(j) Indicate whether the pump tank was pumped out.
(5) Assessment The inspector shall provide a copy of a written signed inspection report to the person requesting the assessment
and the owner of the system. The front cover of the report shall indicate whether the system is or is not, in the professional
opinion of the inspector:
(a) a sanitary nuisance through:
1. allowing the discharge of untreated or improperly treated human waste.
2. the improperly built or maintained sewage treatment tank.
3. the creation, maintenance or causing of any condition capable of breeding flies, mosquitoes or any other arthropods capable
of transmitting diseases directly or indirectly to humans.
(b) The report will indicate any maintenance that needs to be performed on the system.
DISCLOSURE STATEMENTS
The following conditions, when determined during the course of an inspection, shall be disclosed using the appropriate
disclosure statement(s) below. When the person requesting the inspection has made written specification that portions of the
inspection be omitted, the inspector's written report shall indicate any of the conditions that could not be properly assessed
because of the limited scope of the inspection.
Procedure for Voluntary Inspection and Assessment of Existing Systems - May, 2000
75
1. When the inspector detects cracks, leaks, improper fit or other defects in the tank, manholes or lid; the report shall
state that the damaged or defective item or tank be properly corrected.
2. When the inspector detects any missing or damaged component of the system, the report shall state that the missing or
damaged component be replaced or an approvable replacement reinstalled in the system.
3. When the inspector detects previous failure indicators, these should be documented in the report.
4. When the inspector detects ponding of the drainfield or uneven distribution of effluent, documentation of the extent of
such ponding or uneven distribution shall be included in the report.
5. When the inspector detects downspouts or other stormwater or other source of water directed toward the system, the
report shall state that these sources be re-directed away from the system.
6. When the inspector detects the seasonal high water table at or above the elevation of the drainfield, the report shall
state that there is an increased probability of system malfunction due to the presence of groundwater at these levels.
7. Any condition or situation existing on the site at the time of the inspection that, in the opinion of the inspector, would
possibly interfere with or restrict any future repair or modification to the existing system shall be included in the report.
Procedure for Voluntary Inspection and Assessment of Existing Systems - May, 2000
76
DEPARTMENT POLICY FOR DRAINFIELD SIZING IN AREAS WITH DISCONTINUOUS LIMESTONE
AUGUST 1999
A. WHERE DISCONTINUOUS LIMESTONE EXISTS WITHIN THE PROPOSED DRAINFIELD AREA, AND IS 42
INCHES OR LESS BELOW THE BOTTOM SURFACE OF THE DRAINFIELD, THE FOLLOWING
REQUIREMENTS SHALL APPLY.
B. ADDITIONAL DRAINFIELD SHALL BE ADDED TO EQUAL THE AMOUNT OF AREA WHICH HAS
DISCONTINUOUS LIMESTONE WITHIN 42 INCHES OF THE BOTTOM OF THE DRAINFIELD. THIS
ADDITIONAL AREA SHALL NOT CONTAIN DISCONTINUOUS LIMESTONE WITHIN 42 INCHES OF THE
BOTTOM OF THE DRAINFIELD.
C. THE SOIL LOADING RATE SHALL NOT BE BASED ON THE LIMESTONE BUT SHALL BE BASED ON THE
MOST RESTRICTIVE SLIGHTLY OR MODERATELY LIMITED SOIL TYPE IN THE REMAINDER OF THE
DRAINFIELD AREA, PER TABLE III, FOOTNOTE 5., AND 64E-6.009(3)(e), F.A.C. HOWEVER, LIMESTONE
SHALL NOT TOUCH THE BOTTOM SURFACE OF THE DRAINFIELD. WHERE THE APPLICANT CHOOSES TO
REMOVE DISCONTINUOUS LIMESTONE, REMOVAL MUST BE TO A DEPTH OF 24 INCHES BELOW THE
BOTTOM OF THE DRAINFIELD, AND REPLACED WITH SUITABLE SLIGHTLY LIMITED SOIL MATERIAL.
THIS WILL NOT COUNT AS A “SOIL REPLACEMENT” AND WILL NOT REQUIRE THE USE OF A LOWER
SOIL LOADING RATE. THE APPLICANT MAY ALSO CHOOSE TO “DETOUR” THE DRAINFIELD. THIS MAY
BE ACCOMPLISHED BY REMOVAL OF ANY GRAVEL WITHIN A 1 FOOT PERIMETER AROUND THE
DISCONTINUOUS LIMESTONE AND USING A SOLID WALL PIPE (NON-PERFORATED) TO PASS THROUGH
THE DETOURED AREA. THE CONNECTION BETWEEN PERFORATED AND NON PERFORATED PIPE SHALL
BE WITHIN THE REMAINING DRAINFIELD AND NO CLOSER THAN 6 INCHES FROM THE SIDEWALL.
D. WHERE ADDITIONAL DRAINFIELD MUST BE ADDED DUE TO THE PRESENCE OF DISCONTINUOUS

LIMESTONE, ADDITIONAL UNOBSTRUCTED AREA (2X AREA) SHALL BE REQUIRED IN EQUAL
PROPORTION.
Department Policy for Drainfield Sizing in Areas with Discontinuous Limestone - August 1999
77
METHOD FOR DETERMINING DRAINFIELD LOCATION AND SIZE IN AREAS WITH SHALLOW
DISCONTINUOUS LIMESTONE FORMATIONS AT VARYING DEPTHS
1. Have the applicant identify a drainfield installation area on the property that is at least two times the minimum required
drainfield size. Recommend an area of at least 900 square feet.
2. Two soil profiles shall be performed in the proposed area in compliance with the requirements of Chapter 64E-6.
3. Determine the soil type for drainfield sizing and the estimated SHWT. Determine the drainfield area required by Chapter
64E-6.
4. Divide the installation area (or a portion thereof which is approximately two times the required drainfield area) into a grid
of 5’ by 5’ squares.
5. Make one probe into the center of each of the 5’ by 5’ squares to determine the depth to limestone at that point. Record the
depth for each square.
6. Each 5’x5’ square is considered as “counted” or “discounted” as part of the drainfield based on the depth to rock as
determined by probing the middle of the square. Where the probe depth to limestone meets or exceeds 42 inches below the
proposed drainfield bottom, the entire square can be “counted” as drainfield. Where the probe depth to limestone is less
than 42 inches below the proposed drainfield bottom, the entire square is “discounted” from the drainfield.
7. The drainfield needs to incorporate a sufficient number of “counted” squares to occupy the area required by 64E-6.
For example, if 64E-6 requires 300 square feet of drainfield, the installed drainfield must fully overlie at least 12
“counted” squares. (12 squares X 25 square feet per square = 300 square feet.). If an area exists on this site where a
rectangular group of 16 squares includes 12 counted squares and 4 discounted squares, a total drainfield area of 400
square feet (16 X 25) would be required to be installed over the area. This would encompass 300 square feet of
counted drainfield required to meet the code.
If a different rectangular area encompasses 12 counted squares and only 2 discounted squares, that 14 square (350
square foot) area would probably be a better choice since it “discounted” less drainfield.
8. Once a rectangular total drainfield area is identified, squares in the area must be covered with drainfield. This trades off the
incidental areas of “counted” squares which may not meet the drainfield-limestone separation requirement with incidental
areas of “discounted” squares which do meet the separation requirement.
9. Since elevating the drainfield will increase the separation to limestone and thus increase the number of “counted” squares,
an applicant may wish to elevate the drainfield to reduce the total drainfield area necessary to be installed.
10. The total drainfield area should be checked to make sure that no very shallow limestone exists at the elevation of the
bottom of the drainfield. Cobble-sized limestone can be ignored. Small boulders can be removed and replaced with slightly
limited soil. Drainfield should not be installed over large contiguous limestone where the bottom of the drainfield will be
in contact with the limestone.
78
1 BLOCK IS 5’ X 5’ (25 SQUARE FEET). SCALE IS 1 INCH = 10 FEET.
DATE: SIGNATURE:
79
41 48 16 18 0 17 22 17 48 18 12 22
48 20 48 14 48 48 15 25 10 9 33 48
TREE 29 TREE 16 48 48 13 22 10 45 26 18
42 48 32 15 26 48 48 TREE 48 48 48 48
32 24 21 27 48 48 48 TREE 48 48 18 21
48 48 35 12 36 22 30 48 29 48 12 48
48 48 48 48 48 36 48 16 36 13 12 14
48 48 48 48 34 48 48 25 17 48 15 27
48 20 48 48 25 48 45 28 18 12 48 23
48 24 48 29 48 27 29 48 26 15 10 NP
46 17 12 48 21 38 48 NP NP NP NP NP
EACH SQUARE 5’ HIGH BY 5’ WIDE.

EACH SQUARE IS 25 SQUARE FEET.
THE NUMBER INDICATES THE PROBE DEPTH TO ROCK (IN INCHES) IN THE MIDDLE OF EACH SQUARE
BOTTOM OF DRAINFIELD IS AT GRADE.
ESTIMATED SEASONAL HIGH WATER TABLE IS 24 INCHES BELOW GRADE.
PROPOSED DRAINFIELD AREA IS BLACK BOX, WHICH EQUALS 525 SQUARE FEET. THIS WILL EQUATE TO 425
SQUARE FEET OF DRAINFIELD THAT WILL MEET RULE REQUIREMENTS.
ABSORPTION SURFACE CANNOT BE WITHIN 12 INCHES (VERTICALLY OR HORIZONTALLY) OF LIMESTONE
FORMATION.
PROPOSED DRAINFIELD SITE MUST BE PROBED TO A DEPTH OF 12 INCHES TO VERIFY THE ABSENCE OF
SHALLOW LIMESTONE FORMATIONS. ANY SUCH FORMATIONS DETECTED SHOULD BE FLAGGED TO
PREVENT DRAINFIELD INSTALLATION WITHIN 12 INCHES. SPLIT DRAINFIELDS MAY BE USED.
80
APPROVAL STANDARDS for
ONSITE SEWAGE TREATMENT and DISPOSAL SYSTEMS
OUTLET FILTER DEVICES
November 2008
DESIGN AND PERFORMANCE CRITERIA
 FLOW--The minimum sized filter shall provide a minimum clean water flow rate of 4.2 gallons per minute
when tested in a setup that places the filter in its operating position and the clean water head is at the center of a
4" sewer line at the septic tank inlet.
 FILTER AREA--Specify total filter surface area, in square feet, (filter solid area plus filter void area)
 FLOW AREA--Specify filter open area, in square feet, (filter void area only)
 FILTRATION--Filters shall prevent solid particles larger than a nominal 1/8” diameter sphere from passing
through the filter.
 CLOGGED FILTER BY-PASS PROTECTION--There shall be no bypass capability designed into the filter
which will allow waste to be discharged.
 FILTER CONSTRUCTION--Openings developed by penetration, sawcut, or equivalent shall be process
controlled and all mold flash and penetration burrs removed. The filter shall be secured so that inadvertent
movement does not take place during operation.
 STRUCTURAL INTEGRITY--The filter shall be designed such that the filtering medium maintains structural
integrity throughout the useful life of the device. The filter medium shall not tear or otherwise distort so as to
make the filter inoperable during normal operations of the septic tank.

OPERATIONAL VERIFICATION--The manufacturer shall provide results of field testing for their product(s)
being considered for approval.
DRAWINGS--Manufacturer shall provide drawings to the Department with the written request for product approval
submittal. Drawings shall show all dimensions. Drawings shall also show the location of the filter label and shall
include an illustration of the label.
FREQUENCY OF MAINTENANCE--Manufacturer shall provide data and information reflecting actual
operational experience related to the frequency of necessary unit maintenance to keep the unit functional and shall
specify the recommended method and frequency of maintenance.
INSTALLATION INSTRUCTIONS--Manufacturer shall provide installation instructions to installer.
MATERIALS OF CONSTRUCTION--The filter shall be constructed of proven corrosion resistant material for
use in wastewater environments.
MAINTENANCE ACCESSIBILITY--64E-6.013(2)(k), FAC requires accessibility to the inlet and outlet devices.
When outlet filter devices are used, this rule shall include convenient accessibility to the filter for maintenance
through service manholes or equivalent.
PRODUCT LABELING-- All filters installed on or after January 1, 2010, shall be indelibly labeled with the name
of the filter manufacturer and the model of the filter. The location of the label and an illustration of the label shall be
included in the filter drawings provided to the Department. All identifying marks shall be inscribed or affixed at the
point of manufacture.
CERTIFICATION TO DEPARTMENT OF HEALTH, ONSITE SEWAGE PROGRAM

The manufacturer shall certify to the Department that the filter(s) meet the requirements of this standard.
FILTER APPLICATION--Filters shall be sized in accordance with the manufacturers' recommendations for
the service intended.
Approval Standards for Onsite Sewage Treatment and Disposal Systems Outlet Filter Devices – November
2008
81
OUTLET FILTER DEVICES
EXTERNAL TO THE SEPTIC TANK
STRUCTURAL INTEGRITY OF THE FILTER CHAMBER

 Materials subject to corrosion in a septic tank effluent environment shall not be used.
 Plastics, fiberglass, and similar non-corrosive materials shall be a minimum of 1/8" thickness.
 Chambers shall be designed by a professional engineer registered in the state of Florida to withstand
saturated soil pressures to a depth of 48 inches with an actual calculated stress of 67% of the allowable
stress for shear, flexural, compressive and tensile properties of the chamber materials. The chamber
manufacturer shall specify the maximum permissible depth below grade of the chamber lid.
 Chamber lids shall be reinforced to withstand a 300 lb. vertical load placed at the center of the lid. Under
such load the lid shall not crack, temporarily invert, or permanently deform.
Inlet and outlet connections shall be watertight.
ACCESS TO AND CLEANING OF THE FILTER
 Access to the chamber shall be within 8 inches of final grade.
 Lids shall be equipped with a locking mechanism designed to prevent easy access without proper tools.
 For filters utilizing a disposable media the manufacturer shall specify the proper method of disposal of
the filter media.
LOCATION WITH REGARD TO EFFLUENT PUMPS

 Filter must be upstream of any pumps in the effluent system.
 Filter must be immediately after the septic tank for dual compartment tanks.
 Filter must be immediately after the second tank for tanks in series.
EFFLUENT FROM THE SEPTIC TANKS

 An outlet tee with a solids deflector or 90-degree elbow shall be required by rule for effluent exiting the
second compartment of a dual chamber tank or second tank for tanks in series.
FALL ACROSS THE CHAMBER

 The inlet invert shall be at least 1" above the outlet invert.
INSTALLATION
 The chamber shall be installed level on soil that has been compacted to prevent vertical movement of the
chamber. Compaction can be achieved by manually tamping the soil with a sledgehammer or equivalent.
 The chamber shall not be installed within 18" of the drainfield infiltrative surfaces.
Approval Standards for Onsite Sewage Treatment and Disposal Systems Outlet Filter Devices – November
2008
82
the state's public health system is to foster the
TITLE XXIX
conditions in which people can be healthy, by
PUBLIC HEALTH assessing state and community health needs
and priorities through data collection,
CHAPTER 381 epidemiologic studies, and community
participation; by developing comprehensive
PUBLIC HEALTH: GENERAL PROVISIONS public health policies and objectives aimed at
improving the health status of people in the
381.001 Legislative intent; public health state; and by ensuring essential health care
system. and an environment which enhances the health
of the individual and the community. The
381.0011 Duties and powers of the Legislature recognizes that the state's public
Department of Health. health system must be founded on an active
partnership between federal, state, and local
381.0012 Enforcement authority. government and between the public and
private sectors, and, therefore, assessment,
381.0013 Eminent domain. policy development, and service provision must
be shared by all of these entities to achieve its
381.0014 Regulations and ordinances mission.
superseded.
(2) It is the intent of the Legislature that the
381.0015 Presumptions. department, in carrying out the mission of
public health, focus attention on identifying,
381.0016 Municipal regulations and assessing, and controlling the presence and
ordinances. spread of communicable diseases; on
monitoring and regulating factors in the
381.0025 Penalties. environment which may impair the public's
health, with particular attention to preventing
381.006 Environmental health.
contamination of drinking water, the air people
breathe, and the food people consume; and
381.0061 Administrative fines.
ensuring availability of and access to
381.0064 Continuing education courses for preventive and primary health care, including,
persons installing or servicing septic tanks. but not limited to, acute and episodic care,
prenatal and postpartum care, child health,
381.0065 Onsite sewage treatment and family planning, school health, chronic disease
disposal systems; regulation. prevention, child and adult immunization,
dental health, nutrition, and health education
381.00655 Connection of existing onsite and promotion services.
sewage treatment and disposal systems to
central sewerage system; requirements. (3) It is, furthermore, the intent of the
Legislature that the public health system
381.0066 Onsite sewage treatment and include comprehensive planning, data
disposal systems; fees. collection, technical support, and health
resource development functions. These
381.0067 Corrective orders; private and functions include, but are not limited to, state
certain public water systems and onsite laboratory and pharmacy services, the state
sewage treatment and disposal systems. vital statistics system, the Florida Center for
Health Information and Policy Analysis,
381.0068 Technical review and advisory panel. emergency medical services coordination and
support, and recruitment, retention, and
development of preventive and primary health
381.001 Legislative intent; public health care professionals and managers.
system.--
(4) It is, furthermore, the intent of the
(1) It is the intent of the Legislature that the Legislature that the department provide public
Department of Health be responsible for the health services through the 67 county health
state's public health system which shall be departments in partnership with county
designed to promote, protect, and improve the governments, as specified in part I of chapter
health of all people in the state. The mission of 154, and in so doing make every attempt
Chapter 381, Florida Statutes, 2008
83
possible to solicit the support and involvement 3. The tests or treatment, including
of private and not-for-profit health care vaccination, for communicable disease required
agencies in fulfilling the public health mission. prior to employment or admission to the
premises or to comply with a quarantine.
History.--s. 2, ch. 91-297; s. 28, ch. 97-101;
s. 7, ch. 2006-261. 4. Testing or destruction of animals with or
suspected of having a disease transmissible to
381.0011 Duties and powers of the humans.
Department of Health.--It is the duty of the
Department of Health to: 5. Access by the department to quarantined
premises.
(1) Assess the public health status and needs
of the state through statewide data collection 6. The disinfection of quarantined animals,
and other appropriate means, with special persons, or premises.
attention to future needs that may result from
population growth, technological 7. Methods of quarantine.
advancements, new societal priorities, or other
changes. (b) Any health regulation that restricts travel
or trade within the state may not be adopted
(2) Formulate general policies affecting the or enforced in this state except by authority of
public health of the state. the department.
(3) Include in the department's strategic plan (7) Provide for a thorough investigation and
developed under 1s. 186.021 a summary of all study of the incidence, causes, modes of
aspects of the public health mission and health propagation and transmission, and means of
status objectives to direct the use of public prevention, control, and cure of diseases,
health resources with an emphasis on illnesses, and hazards to human health.
prevention.
(8) Provide for the dissemination of
(4) Administer and enforce laws and rules information to the public relative to the
relating to sanitation, control of communicable prevention, control, and cure of diseases,
diseases, illnesses and hazards to health illnesses, and hazards to human health. The
among humans and from animals to humans, department shall conduct a workshop before
and the general health of the people of the issuing any health alert or advisory relating to
state. food-borne illness or communicable disease in
public lodging or food service establishments in
(5) Cooperate with and accept assistance from order to inform persons, trade associations,
federal, state, and local officials for the and businesses of the risk to public health and
prevention and suppression of communicable to seek the input of affected persons, trade
and other diseases, illnesses, injuries, and associations, and businesses on the best
hazards to human health. methods of informing and protecting the
public, except in an emergency, in which case
(6) Declare, enforce, modify, and abolish the workshop must be held within 14 days
quarantine of persons, animals, and premises after the issuance of the emergency alert or
as the circumstances indicate for controlling advisory.
communicable diseases or providing protection
from unsafe conditions that pose a threat to (9) Act as registrar of vital statistics.
public health, except as provided in ss. 384.28
and 392.545-392.60. (10) Cooperate with and assist federal health
officials in enforcing public health laws and
(a) The department shall adopt rules to specify regulations.
the conditions and procedures for imposing
and releasing a quarantine. The rules must (11) Cooperate with other departments, local
include provisions related to: officials, and private boards and organizations
for the improvement and preservation of the
1. The closure of premises. public health.
2. The movement of persons or animals (12) Maintain a statewide injury-prevention

exposed to or infected with a communicable program.
disease.
84
(13) Adopt rules pursuant to ss. 120.536(1) or board by any law of this state relating to
and 120.54 to implement the provisions of law public health.
conferring duties upon it. This subsection does
not authorize the department to require a (4) The department may appear before any
permit or license unless such requirement is trial court judge empowered to issue warrants
specifically provided by law. in criminal cases and request the issuance of a
warrant. The trial court judge shall issue a
(14) Perform any other duties prescribed by warrant directed to any sheriff, deputy, or
law. police officer to assist in any way to carry out
the purpose and intent of this chapter.
History.--s. 3, ch. 91-297; s. 13, ch. 93-53;
s. 29, ch. 97-101; s. 2, ch. 98-151; s. 94, ch. (5) It shall be the duty of every state and
98-200; s. 6, ch. 2000-367; s. 1, ch. 2002- county attorney, sheriff, police officer, and
269; s. 5, ch. 2004-350. other appropriate city and county officials upon
request to assist the department or any of its
1
Note.--"Strategic plans" in s. 186.021 were agents in enforcing the state health laws and
redesignated "long-range program plans" by s. the rules adopted under this chapter.
42, ch. 2000-371.
History.--s. 4, ch. 91-297; s. 9, ch. 2004-11.
381.0012 Enforcement authority.--
381.0013 Eminent domain.--Whenever the
(1) The department may commence and department shall find it necessary to acquire
maintain all proper and necessary actions and private property for the use of the department
proceedings to enforce the rules adopted and to be occupied by the department, the
pursuant to this chapter and may defend all department may exercise the power of
actions and proceedings involving the eminent domain and to proceed to condemn
department's powers and duties. the property in the manner provided by
chapter 73.
(2) The department may apply for an
injunction to the proper circuit court, and the History.--s. 1, ch. 57-232; ss. 19, 35, ch. 69-
judge of that court upon hearing and for cause 106; s. 5, ch. 91-297.
shown may grant a temporary or permanent
injunction, or both, restraining any person Note.--Former s. 381.062.
from violating or continuing to violate any of
the provisions of this chapter or from failing or 381.0014 Regulations and ordinances
refusing to comply with the requirements of superseded.--The rules adopted by the
this chapter. A permanent injunction may be department under the provisions of this
issued without bond. However, a temporary chapter shall, as to matters of public health,
injunction may not be issued without bond supersede all rules enacted by other state
except after a hearing of which the respondent departments, boards or commissions, or
has been given not less than 7 days' prior ordinances and regulations enacted by
notice. A temporary injunction may not be municipalities, except that this chapter does
issued without bond which limits or prevents not alter or supersede any of the provisions set
operations of an industrial, manufacturing, or forth in chapters 502 and 503 or any rule
processing plant, unless at the hearing, it is adopted under the authority of those chapters.
shown by clear, certain, and convincing
evidence that irreparable injury will result to History.--s. 2, ch. 29834, 1955; ss. 19, 35,
the public from the failure to issue the ch. 69-106; s. 1, ch. 76-235; s. 56, ch. 77-
temporary injunction. If a temporary injunction 147; s. 6, ch. 91-297; s. 189, ch. 99-13.
or restraining order is improperly or
erroneously granted, the state is liable in Note.--Former s. 381.071.
damages and to the extent provided for in
chapter 768. 381.0015 Presumptions.--The authority,
action, and proceedings of the department in
(3) The department may commence and enforcing the rules adopted by it under the
maintain all proper and necessary actions and provisions of this chapter shall be regarded as
proceedings to compel the performance of any judicial in nature and treated as prima facie
act specifically required of any person, officer, just and legal.
85
History.--s. 2, ch. 29834, 1955; ss. 19, 35, environment. The environmental health
ch. 69-106; s. 57, ch. 77-147; s. 7, ch. 91- program shall include, but not be limited to:
297.
(1) A drinking water function.
Note.--Former s. 381.081.
(2) An environmental health surveillance
381.0016 Municipal regulations and function which shall collect, compile, and
ordinances.--Any municipality may enact, in a correlate information on public health and
manner prescribed by law, health regulations exposure to hazardous substances through
and ordinances not inconsistent with state sampling and testing of water, air, or foods.
public health laws and rules adopted by the Environmental health surveillance shall include
department. a comprehensive assessment of drinking water
under the department's supervision and an
History.--s. 2, ch. 29834, 1955; ss. 19, 35, indoor air quality testing and monitoring
ch. 69-106; s. 59, ch. 77-147; s. 8, ch. 91- program to assess health risks from exposure
297. to chemical, physical, and biological agents in
the indoor environment.
(3) A toxicology and hazard assessment
381.0025 Penalties.-- function which shall conduct toxicological and
human health risk assessments of exposure to
(1) Any person who violates any of the toxic agents, for the purposes of:
provisions of this chapter, any quarantine, or
any rule adopted by the department under the (a) Supporting determinations by the State
provisions of this chapter is guilty of a Health Officer of safe levels of contaminants in
misdemeanor of the second degree, punishable water, air, or food if applicable standards or
as provided in s. 775.082 or s. 775.083. criteria have not been adopted. These
determinations shall include issuance of health
(2) Any person who interferes with, hinders, or advisories to protect the health and safety of
opposes any employee of the department in the public at risk from exposure to toxic
the discharge of his or her duties pursuant to agents.
the provisions of this chapter, chapter 386,
chapter 513, or chapter 514, or who (b) Provision of human toxicological health risk
impersonates an employee of the department, assessments to the public and other
is guilty of a misdemeanor of the second governmental agencies to characterize the
degree, punishable as provided in s. 775.082 risks to the public from exposure to
or s. 775.083. contaminants in air, water, or food.
(3) Any person who maliciously disseminates (c) Consultation and technical assistance to the
any false rumor or report concerning the Department of Environmental Protection and
existence of any infectious or contagious other governmental agencies on actions
disease is guilty of a misdemeanor of the necessary to ameliorate exposure to toxic
second degree, punishable as provided in s. agents, including the emergency provision by
775.082 or s. 775.083. the Department of Environmental Protection of
drinking water in cases of drinking water
History.--s. 2, ch. 29834, 1955; ss. 19, 35, contamination that present an imminent and
ch. 69-106; s. 330, ch. 71-136; s. 5, ch. 79- substantial threat to the public's health, as
12; s. 98, ch. 86-220; s. 1, ch. 88-177; s. 13, required by s. 376.30(3)(c)1.a.
ch. 91-297; s. 648, ch. 95-148; s. 7, ch. 96-
293. (d) Monitoring and reporting the body burden
of toxic agents to estimate past exposure to
Note.--Former s. 381.411. these toxic agents, predict future health
effects, and decrease the incidence of
381.006 Environmental health.--The poisoning by identifying and eliminating
department shall conduct an environmental exposure.
health program as part of fulfilling the state's
public health mission. The purpose of this (4) A sanitary nuisance function, as that term
program is to detect and prevent disease is defined in chapter 386.
caused by natural and manmade factors in the
86
(5) A migrant labor function. facilities; public access to sanitary facilities;
and fixture ratios for special or temporary
(6) A public facilities function, including events and for homeless shelters.
sanitary practices relating to state, county,
municipal, and private institutions serving the (16) A group-care-facilities function, where a
public; jointly with the Department of group care facility means any public or private
Education, publicly and privately owned school, housing, building or buildings, section
schools; all places used for the incarceration of of a building, or distinct part of a building or
prisoners and inmates of state institutions for other place, whether operated for profit or not,
the mentally ill; toilets and washrooms in all which undertakes, through its ownership or
public places and places of employment; any management, to provide one or more personal
other condition, place, or establishment services, care, protection, and supervision to
necessary for the control of disease or the persons who require such services and who are
protection and safety of public health. not related to the owner or administrator. The
department may adopt rules necessary to
(7) An onsite sewage treatment and disposal protect the health and safety of residents,
function. staff, and patrons of group care facilities, such
as child care facilities, family day care homes,
(8) A biohazardous waste control function. assisted living facilities, adult day care centers,
adult family care homes, hospices, residential
(9) A function to control diseases transmitted treatment facilities, crisis stabilization units,
from animals to humans, including the pediatric extended care centers, intermediate
segregation, quarantine, and destruction of care facilities for the developmentally disabled,
domestic pets and wild animals having or group care homes, and, jointly with the
suspected of having such diseases. Department of Education, private and public
schools. These rules may include definitions of
(10) An environmental epidemiology function terms; provisions relating to operation and
which shall investigate food-borne disease, maintenance of facilities, buildings, grounds,
waterborne disease, and other diseases of equipment, furnishings, and occupant-space
environmental causation, whether of chemical, requirements; lighting; heating, cooling, and
radiological, or microbiological origin. A $10 ventilation; food service; water supply and
surcharge for this function shall be assessed plumbing; sewage; sanitary facilities; insect
upon all persons permitted under chapter 500. and rodent control; garbage; safety; personnel
This function shall include an educational health, hygiene, and work practices; and other
program for physicians and health matters the department finds are appropriate
professionals designed to promote surveillance or necessary to protect the safety and health
and reporting of environmental diseases, and of the residents, staff, or patrons. The
to further the dissemination of knowledge department may not adopt rules that conflict
about the relationship between toxic with rules adopted by the licensing or
substances and human health which will be certifying agency. The department may enter
useful in the formulation of public policy and and inspect at reasonable hours to determine
will be a source of information for the public. compliance with applicable statutes or rules. In
addition to any sanctions that the department
(11) Mosquito and pest control functions as
may impose for violations of rules adopted
provided in chapters 388 and 482.
under this section, the department shall also
report such violations to any agency
(12) A radiation control function as provided in
responsible for licensing or certifying the group
chapter 404 and part IV of chapter 468.
care facility. The licensing or certifying agency
(13) A public swimming and bathing facilities may also impose any sanction based solely on
function as provided in chapter 514. the findings of the department.
(14) A mobile home park, lodging park, (17) A function for investigating elevated levels
recreational vehicle park, and recreational of lead in blood. Each participating county
camp function as provided in chapter 513. health department may expend funds for
federally mandated certification or
(15) A sanitary facilities function, which shall recertification fees related to conducting
include minimum standards for the investigations of elevated levels of lead in
maintenance and sanitation of sanitary blood.
87
The department may adopt rules to carry out regarding the public health and environmental
the provisions of this section. effects of onsite sewage treatment and
disposal systems and any other matters the
History.--s. 21, ch. 91-297; s. 1, ch. 92-180; department determines desirable for the safe
s. 27, ch. 93-150; s. 4, ch. 93-151; s. 351, ch. installation and use of onsite sewage treatment
94-356; s. 5, ch. 98-151; s. 10, ch. 99-397; s. and disposal systems. The department may
17, ch. 2000-141; s. 8, ch. 2000-242; s. 34, charge a fee to cover the cost of such
ch. 2001-186; s. 3, ch. 2001-372; s. 6, ch. program.
2004-350.
(2) The department shall by rule establish
381.0061 Administrative fines.-- criteria for the approval of continuing
education courses and providers, including
(1) In addition to any administrative action requirements relating to the content of courses
authorized by chapter 120 or by other law, the and standards for approval of providers, and
department may impose a fine, which shall not may by rule establish criteria for accepting
exceed $500 for each violation, for a violation alternative nonclassroom continuing education
of s. 381.006(16), s. 381.0065, s. 381.0066, on an hour-for-hour basis.
s. 381.0072, or part III of chapter 489, for a
violation of any rule adopted under this (3) Septic tank contractors and master septic
chapter, or for a violation of any of the tank contractors registered under part III of
provisions of chapter 386. Notice of intent to chapter 489 shall meet the continuing
impose such fine shall be given by the education requirements set forth in s. 489.554.
department to the alleged violator. Each day
that a violation continues may constitute a History.--ss. 1, 2, 3, ch. 85-314; s. 59, ch.
separate violation. 91-224; s. 25, ch. 91-297; s. 5, ch. 93-151; s.
9, ch. 96-303; s. 180, ch. 97-101; s. 1, ch.
(2) In determining the amount of fine to be 98-420.
imposed, if any, for a violation, the following
factors shall be considered: Note.--Former s. 381.262.
(a) The gravity of the violation, including the 381.0065 Onsite sewage treatment and
probability that death or serious physical or disposal systems; regulation.--
emotional harm to any person will result or has
resulted, the severity of the actual or potential (1) LEGISLATIVE INTENT.--It is the intent of
harm, and the extent to which the provisions the Legislature that where a publicly owned or
of the applicable statutes or rules were investor-owned sewerage system is not
violated. available, the department shall issue permits
for the construction, installation, modification,
(b) Actions taken by the owner or operator to abandonment, or repair of onsite sewage
correct violations. treatment and disposal systems under
conditions as described in this section and
(c) Any previous violations. rules adopted under this section. It is further
the intent of the Legislature that the
(3) All amounts collected under this section installation and use of onsite sewage treatment
shall be deposited into an appropriate trust and disposal systems not adversely affect the
fund of the department. public health or significantly degrade the
groundwater or surface water.
History.--s. 4, ch. 80-351; s. 2, ch. 85-300;
s. 13, ch. 89-324; s. 22, ch. 91-297; s. 7, ch. (2) DEFINITIONS.--As used in ss. 381.0065-
92-180; s. 11, ch. 99-397. 381.0067, the term:
Note.--Former s. 381.112. (a) "Available, " as applied to a publicly owned

or investor-owned sewerage system, means
381.0064 Continuing education courses that the publicly owned or investor-owned
for persons installing or servicing septic sewerage system is capable of being connected
tanks.-- to the plumbing of an establishment or
residence, is not under a Department of
(1) The Department of Health shall establish a Environmental Protection moratorium, and has
program for continuing education which meets adequate permitted capacity to accept the
the purposes of ss. 381.0101 and 489.554
88
sewage to be generated by the establishment (e) "Florida Keys" means those islands of the
or residence; and: state located within the boundaries of Monroe
County.
1. For a residential subdivision lot, a single-
family residence, or an establishment, any of (f) "Injection well" means an open vertical hole
which has an estimated sewage flow of 1,000 at least 90 feet in depth, cased and grouted to
gallons per day or less, a gravity sewer line to at least 60 feet in depth which is used to
maintain gravity flow from the property's drain dispose of effluent from an onsite sewage
to the sewer line, or a low pressure or vacuum treatment and disposal system.
sewage collection line in those areas approved
for low pressure or vacuum sewage collection, (g) "Innovative system" means an onsite
exists in a public easement or right-of-way sewage treatment and disposal system that, in
that abuts the property line of the lot, whole or in part, employs materials, devices,
residence, or establishment. or techniques that are novel or unique and that
have not been successfully field-tested under
2. For an establishment with an estimated sound scientific and engineering principles
sewage flow exceeding 1,000 gallons per day, under climatic and soil conditions found in this
a sewer line, force main, or lift station exists in state.
a public easement or right-of-way that abuts
the property of the establishment or is within (h) "Lot" means a parcel or tract of land
50 feet of the property line of the described by reference to recorded plats or by
establishment as accessed via existing rights- metes and bounds, or the least fractional part
of-way or easements. of subdivided lands having limited fixed
boundaries or an assigned number, letter, or
3. For proposed residential subdivisions with any other legal description by which it can be
more than 50 lots, for proposed commercial identified.
subdivisions with more than 5 lots, and for
areas zoned or used for an industrial or (i) "Mean annual flood line" means the
manufacturing purpose or its equivalent, a elevation determined by calculating the
sewerage system exists within one-fourth mile arithmetic mean of the elevations of the
of the development as measured and accessed highest yearly flood stage or discharge for the
via existing easements or rights-of-way. period of record, to include at least the most
recent 10-year period. If at least 10 years of
4. For repairs or modifications within areas data is not available, the mean annual flood
zoned or used for an industrial or line shall be as determined based upon the
manufacturing purpose or its equivalent, a data available and field verification conducted
sewerage system exists within 500 feet of an by a certified professional surveyor and
establishment's or residence's sewer stub-out mapper with experience in the determination
as measured and accessed via existing rights- of flood water elevation lines or, at the option
of-way or easements. of the applicant, by department personnel.
Field verification of the mean annual flood line
(b) "Blackwater" means that part of domestic shall be performed using a combination of
sewage carried off by toilets, urinals, and those indicators listed in subparagraphs 1.-7.
kitchen drains. that are present on the site, and that reflect
flooding that recurs on an annual basis. In
(c) "Domestic sewage" means human body those situations where any one or more of
waste and wastewater, including bath and these indicators reflect a rare or aberrant
toilet waste, residential laundry waste, event, such indicator or indicators shall not be
residential kitchen waste, and other similar utilized in determining the mean annual flood
waste from appurtenances at a residence or line. The indicators that may be considered
establishment. are:
(d) "Graywater" means that part of domestic 1. Water stains on the ground surface, trees,
sewage that is not blackwater, including waste and other fixed objects;
from the bath, lavatory, laundry, and sink,
except kitchen sink waste. 2. Hydric adventitious roots;
3. Drift lines;
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4. Rafted debris; irrigation line with any of the following types of
backflow devices:
5. Aquatic mosses and liverworts;
1. For irrigation systems into which chemicals
6. Moss collars; and are not injected, any atmospheric or pressure
vacuum breaker or double check valve or any
7. Lichen lines. detector check assembly.
(j) "Onsite sewage treatment and disposal 2. For irrigation systems into which chemicals
system" means a system that contains a such as fertilizers, pesticides, or herbicides are
standard subsurface, filled, or mound drainfield injected, any reduced pressure backflow
system; an aerobic treatment unit; a preventer.
graywater system tank; a laundry wastewater
system tank; a septic tank; a grease (m) "Septage" means a mixture of sludge,
interceptor; a pump tank; a solids or effluent fatty materials, human feces, and wastewater
pump; a waterless, incinerating, or organic removed during the pumping of an onsite
waste-composting toilet; or a sanitary pit privy sewage treatment and disposal system.
that is installed or proposed to be installed
beyond the building sewer on land of the (n) "Subdivision" means, for residential use,
owner or on other land to which the owner has any tract or plot of land divided into two or
the legal right to install a system. The term more lots or parcels of which at least one is 1
includes any item placed within, or intended to acre or less in size for sale, lease, or rent. A
be used as a part of or in conjunction with, the subdivision for commercial or industrial use is
system. This term does not include package any tract or plot of land divided into two or
sewage treatment facilities and other more lots or parcels of which at least one is 5
treatment works regulated under chapter 403. acres or less in size and which is for sale,
lease, or rent. A subdivision shall be deemed to
(k) "Permanent nontidal surface water body" be proposed until such time as an application is
means a perennial stream, a perennial river, submitted to the local government for
an intermittent stream, a perennial lake, a subdivision approval or, in those areas where
submerged marsh or swamp, a submerged no local government subdivision approval is
wooded marsh or swamp, a spring, or a seep, required, until such time as a plat of the
as identified on the most recent quadrangle subdivision is recorded.
map, 7.5 minute series (topographic),
produced by the United States Geological (o) "Tidally influenced surface water body"
Survey, or products derived from that series. means a body of water that is subject to the
"Permanent nontidal surface water body" shall ebb and flow of the tides and has as its
also mean an artificial surface water body that boundary a mean high-water line as defined by
does not have an impermeable bottom and s. 177.27(15).
side and that is designed to hold, or does hold,
visible standing water for at least 180 days of (p) "Toxic or hazardous chemical" means a
the year. However, a nontidal surface water substance that poses a serious danger to
body that is drained, either naturally or human health or the environment.
artificially, where the intent or the result is that
such drainage be temporary, shall be (3) DUTIES AND POWERS OF THE
considered a permanent nontidal surface water DEPARTMENT OF HEALTH.--The department
body. A nontidal surface water body that is shall:
drained of all visible surface water, where the
lawful intent or the result of such drainage is (a) Adopt rules to administer ss. 381.0065-
that such drainage will be permanent, shall not 381.0067, including definitions that are
be considered a permanent nontidal surface consistent with the definitions in this section,
water body. The boundary of a permanent decreases to setback requirements where no
nontidal surface water body shall be the mean health hazard exists, increases for the lot-flow
annual flood line. allowance for performance-based systems,
requirements for separation from water table
(l) "Potable water line" means any water line elevation during the wettest season,
that is connected to a potable water supply requirements for the design and construction
source, but the term does not include an of any component part of an onsite sewage
treatment and disposal system, application and
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permit requirements for persons who maintain (f) Issue annual operating permits under this
an onsite sewage treatment and disposal section.
system, requirements for maintenance and
service agreements for aerobic treatment units (g) Establish and collect fees as established
and performance-based treatment systems, under s. 381.0066 for services provided with
and recommended standards, including respect to onsite sewage treatment and
disclosure requirements, for voluntary system disposal systems.
inspections to be performed by individuals who
are authorized by law to perform such (h) Conduct enforcement activities, including
inspections and who shall inform a person imposing fines, issuing citations, suspensions,
having ownership, control, or use of an onsite revocations, injunctions, and emergency orders
sewage treatment and disposal system of the for violations of this section, part I of chapter
inspection standards and of that person's 386, or part III of chapter 489 or for a
authority to request an inspection based on all violation of any rule adopted under this
or part of the standards. section, part I of chapter 386, or part III of
chapter 489.
(b) Perform application reviews and site
evaluations, issue permits, and conduct (i) Provide or conduct education and training of
inspections and complaint investigations department personnel, service providers, and
associated with the construction, installation, the public regarding onsite sewage treatment
maintenance, modification, abandonment, and disposal systems.
operation, use, or repair of an onsite sewage
treatment and disposal system for a residence (j) Supervise research on, demonstration of,
or establishment with an estimated domestic and training on the performance,
sewage flow of 10,000 gallons or less per day, environmental impact, and public health
or an estimated commercial sewage flow of impact of onsite sewage treatment and
5,000 gallons or less per day, which is not disposal systems within this state. Research
currently regulated under chapter 403. fees collected under s. 381.0066(2)(k) must be
used to develop and fund hands-on training
(c) Develop a comprehensive program to centers designed to provide practical
ensure that onsite sewage treatment and information about onsite sewage treatment
disposal systems regulated by the department and disposal systems to septic tank
are sized, designed, constructed, installed, contractors, master septic tank contractors,
repaired, modified, abandoned, used, contractors, inspectors, engineers, and the
operated, and maintained in compliance with public and must also be used to fund research
this section and rules adopted under this projects which focus on improvements of
section to prevent groundwater contamination onsite sewage treatment and disposal systems,
and surface water contamination and to including use of performance-based standards
preserve the public health. The department is and reduction of environmental impact.
the final administrative interpretive authority Research projects shall be initially approved by
regarding rule interpretation. In the event of a the technical review and advisory panel and
conflict regarding rule interpretation, the shall be applicable to and reflect the soil
Division Director for Environmental Health of conditions specific to Florida. Such projects
the department, or his or her designee, shall shall be awarded through competitive
timely assign a staff person to resolve the negotiation, using the procedures provided in
dispute. s. 287.055, to public or private entities that
have experience in onsite sewage treatment
(d) Grant variances in hardship cases under and disposal systems in Florida and that are
the conditions prescribed in this section and principally located in Florida. Research projects
rules adopted under this section. shall not be awarded to firms or entities that
employ or are associated with persons who
(e) Permit the use of a limited number of serve on either the technical review and
innovative systems for a specific period of advisory panel or the research review and
time, when there is compelling evidence that advisory committee.
the system will function properly and reliably
to meet the requirements of this section and (k) Approve the installation of individual
rules adopted under this section. graywater disposal systems in which
blackwater is treated by a central sewerage
system.
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(l) Regulate and permit the sanitation, days from the date of issuance. An operating
handling, treatment, storage, reuse, and permit must be obtained prior to the use of
disposal of byproducts from any system any aerobic treatment unit or if the
regulated under this chapter and not regulated establishment generates commercial waste.
by the Department of Environmental Buildings or establishments that use an aerobic
Protection. treatment unit or generate commercial waste
shall be inspected by the department at least
(m) Permit and inspect portable or temporary annually to assure compliance with the terms
toilet services and holding tanks. The of the operating permit. The operating permit
department shall review applications, perform for a commercial wastewater system is valid
site evaluations, and issue permits for the for 1 year from the date of issuance and must
temporary use of holding tanks, privies, be renewed annually. The operating permit for
portable toilet services, or any other toilet an aerobic treatment unit is valid for 2 years
facility that is intended for use on a permanent from the date of issuance and must be
or nonpermanent basis, including facilities renewed every 2 years. If all information
placed on construction sites when workers are pertaining to the siting, location, and
present. The department may specify installation conditions or repair of an onsite
standards for the construction, maintenance, sewage treatment and disposal system
use, and operation of any such facility for remains the same, a construction or repair
temporary use. permit for the onsite sewage treatment and
disposal system may be transferred to another
(n) Regulate and permit maintenance entities person, if the transferee files, within 60 days
for performance-based treatment systems and after the transfer of ownership, an amended
aerobic treatment unit systems. To ensure application providing all corrected information
systems are maintained and operated and proof of ownership of the property. There
according to manufacturer's specifications and is no fee associated with the processing of this
designs, the department shall establish by rule supplemental information. A person may not
minimum qualifying criteria for maintenance contract to construct, modify, alter, repair,
entities. The criteria shall include: training, service, abandon, or maintain any portion of
access to approved spare parts and an onsite sewage treatment and disposal
components, access to manufacturer's system without being registered under part III
maintenance and operation manuals, and of chapter 489. A property owner who
service response time. The maintenance entity personally performs construction,
shall employ a contractor licensed under s. maintenance, or repairs to a system serving
489.105(3)(m), or part III of chapter 489, or a his or her own owner-occupied single-family
state-licensed wastewater plant operator, who residence is exempt from registration
is responsible for maintenance and repair of all requirements for performing such construction,
systems under contract. maintenance, or repairs on that residence, but
is subject to all permitting requirements. A
(4) PERMITS; INSTALLATION; AND municipality or political subdivision of the state
CONDITIONS.--A person may not construct, may not issue a building or plumbing permit
repair, modify, abandon, or operate an onsite for any building that requires the use of an
sewage treatment and disposal system without onsite sewage treatment and disposal system
first obtaining a permit approved by the unless the owner or builder has received a
department. The department may issue construction permit for such system from the
permits to carry out this section, but shall not department. A building or structure may not be
make the issuance of such permits contingent occupied and a municipality, political
upon prior approval by the Department of subdivision, or any state or federal agency may
Environmental Protection, except that the not authorize occupancy until the department
issuance of a permit for work seaward of the approves the final installation of the onsite
coastal construction control line established sewage treatment and disposal system. A
under s. 161.053 shall be contingent upon municipality or political subdivision of the state
receipt of any required coastal construction may not approve any change in occupancy or
control line permit from the Department of tenancy of a building that uses an onsite
Environmental Protection. A construction sewage treatment and disposal system until
permit is valid for 18 months from the issuance the department has reviewed the use of the
date and may be extended by the department system with the proposed change, approved
for one 90-day period under rules adopted by the change, and amended the operating
the department. A repair permit is valid for 90 permit.
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(a) Subdivisions and lots in which each lot has paragraph not to allow development of
a minimum area of at least one-half acre and additional proposed subdivisions in order to
either a minimum dimension of 100 feet or a evade the requirements of this paragraph.
mean of at least 100 feet of the side bordering
the street and the distance formed by a line (e) Onsite sewage treatment and disposal
parallel to the side bordering the street drawn systems must not be placed closer than:
between the two most distant points of the
remainder of the lot may be developed with a 1. Seventy-five feet from a private potable
water system regulated under s. 381.0062 and well.
onsite sewage treatment and disposal systems,
provided the projected daily sewage flow does 2. Two hundred feet from a public potable well
not exceed an average of 1,500 gallons per serving a residential or nonresidential
acre per day, and provided satisfactory establishment having a total sewage flow of
drinking water can be obtained and all distance greater than 2,000 gallons per day.
and setback, soil condition, water table
elevation, and other related requirements of 3. One hundred feet from a public potable well
this section and rules adopted under this serving a residential or nonresidential
section can be met. establishment having a total sewage flow of
less than or equal to 2,000 gallons per day.
(b) Subdivisions and lots using a public water
system as defined in s. 403.852 may use 4. Fifty feet from any nonpotable well.
onsite sewage treatment and disposal systems,
5. Ten feet from any storm sewer pipe, to the
provided there are no more than four lots per
maximum extent possible, but in no instance
acre, provided the projected daily sewage flow
shall the setback be less than 5 feet.
does not exceed an average of 2,500 gallons
per acre per day, and provided that all distance
6. Seventy-five feet from the mean high-water
and setback, soil condition, water table
line of a tidally influenced surface water body.
elevation, and other related requirements that
are generally applicable to the use of onsite 7. Seventy-five feet from the mean annual
sewage treatment and disposal systems are flood line of a permanent nontidal surface
met. water body.
(c) Notwithstanding paragraphs (a) and (b), 8. Fifteen feet from the design high-water line
for subdivisions platted of record on or before of retention areas, detention areas, or swales
October 1, 1991, when a developer or other designed to contain standing or flowing water
appropriate entity has previously made or for less than 72 hours after a rainfall or the
makes provisions, including financial design high-water level of normally dry
assurances or other commitments, acceptable drainage ditches or normally dry individual lot
to the Department of Health, that a central stormwater retention areas.
water system will be installed by a regulated
public utility based on a density formula, (f) Except as provided under paragraphs (e)
private potable wells may be used with onsite and (t), no limitations shall be imposed by
sewage treatment and disposal systems until rule, relating to the distance between an onsite
the agreed-upon densities are reached. In a disposal system and any area that either
subdivision regulated by this paragraph, the permanently or temporarily has visible surface
average daily sewage flow may not exceed water.
2,500 gallons per acre per day. This section
does not affect the validity of existing prior (g) All provisions of this section and rules
agreements. After October 1, 1991, the adopted under this section relating to soil
exception provided under this paragraph is not condition, water table elevation, distance, and
available to a developer or other appropriate other setback requirements must be equally
entity. applied to all lots, with the following
exceptions:
(d) Paragraphs (a) and (b) do not apply to any
proposed residential subdivision with more 1. Any residential lot that was platted and
than 50 lots or to any proposed commercial recorded on or after January 1, 1972, or that is
subdivision with more than 5 lots where a part of a residential subdivision that was
publicly owned or investor-owned sewerage approved by the appropriate permitting agency
system is available. It is the intent of this on or after January 1, 1972, and that was
93
eligible for an onsite sewage treatment and supplemental information. A variance may not
disposal system construction permit on the be granted under this section until the
date of such platting and recording or approval department is satisfied that:
shall be eligible for an onsite sewage treatment
and disposal system construction permit, a. The hardship was not caused intentionally
regardless of when the application for a permit by the action of the applicant;
is made. If rules in effect at the time the
permit application is filed cannot be met, b. No reasonable alternative, taking into
residential lots platted and recorded or consideration factors such as cost, exists for
approved on or after January 1, 1972, shall, to the treatment of the sewage; and
the maximum extent possible, comply with the
rules in effect at the time the permit c. The discharge from the onsite sewage
application is filed. At a minimum, however, treatment and disposal system will not
those residential lots platted and recorded or adversely affect the health of the applicant or
approved on or after January 1, 1972, but the public or significantly degrade the
before January 1, 1983, shall comply with groundwater or surface waters.
those rules in effect on January 1, 1983, and
those residential lots platted and recorded or Where soil conditions, water table elevation,
approved on or after January 1, 1983, shall and setback provisions are determined by the
comply with those rules in effect at the time of department to be satisfactory, special
such platting and recording or approval. In consideration must be given to those lots
determining the maximum extent of platted before 1972.
compliance with current rules that is possible,
the department shall allow structures and 2. The department shall appoint and staff a
appurtenances thereto which were authorized variance review and advisory committee, which
at the time such lots were platted and recorded shall meet monthly to recommend agency
or approved. action on variance requests. The committee
shall make its recommendations on variance
2. Lots platted before 1972 are subject to a requests at the meeting in which the
50-foot minimum surface water setback and application is scheduled for consideration,
are not subject to lot size requirements. The except for an extraordinary change in
projected daily flow for onsite sewage circumstances, the receipt of new information
treatment and disposal systems for lots platted that raises new issues, or when the applicant
before 1972 may not exceed: requests an extension. The committee shall
consider the criteria in subparagraph 1. in its
a. Two thousand five hundred gallons per acre recommended agency action on variance
per day for lots served by public water systems requests and shall also strive to allow property
as defined in s. 403.852. owners the full use of their land where
possible. The committee consists of the
b. One thousand five hundred gallons per acre following:
per day for lots served by water systems
regulated under s. 381.0062. a. The Division Director for Environmental
Health of the department or his or her
(h)1. The department may grant variances in designee.
hardship cases which may be less restrictive
than the provisions specified in this section. If b. A representative from the county health
a variance is granted and the onsite sewage departments.
treatment and disposal system construction
permit has been issued, the variance may be c. A representative from the home building
transferred with the system construction industry recommended by the Florida Home
permit, if the transferee files, within 60 days Builders Association.
after the transfer of ownership, an amended
construction permit application providing all d. A representative from the septic tank
corrected information and proof of ownership industry recommended by the Florida Onsite
of the property and if the same variance would Wastewater Association.
have been required for the new owner of the
e. A representative from the Department of
property as was originally granted to the
Environmental Protection.
original applicant for the variance. There is no
fee associated with the processing of this
94
f. A representative from the real estate operates a business that uses an onsite
industry who is also a developer in this state sewage treatment and disposal system that
who develops lots using onsite sewage was installed and approved before July 5,
treatment and disposal systems, recommended 1989, need not obtain a system operating
by the Florida Association of Realtors. permit. However, upon change of ownership or
tenancy, the new owner or operator must
g. A representative from the engineering notify the department of the change, and the
profession recommended by the Florida new owner or operator must obtain an annual
Engineering Society. system operating permit, regardless of the
date that the system was installed or
Members shall be appointed for a term of 3 approved.
years, with such appointments being staggered
so that the terms of no more than two 3. The department shall periodically review and
members expire in any one year. Members evaluate the continued use of onsite sewage
shall serve without remuneration, but if treatment and disposal systems in areas zoned
requested, shall be reimbursed for per diem or used for industrial or manufacturing
and travel expenses as provided in s. 112.061. purposes, or its equivalent, and may require
the collection and analyses of samples from
(i) A construction permit may not be issued for within and around such systems. If the
an onsite sewage treatment and disposal department finds that toxic or hazardous
system in any area zoned or used for industrial chemicals or toxic, hazardous, or industrial
or manufacturing purposes, or its equivalent, wastewater have been or are being disposed of
where a publicly owned or investor-owned through an onsite sewage treatment and
sewage treatment system is available, or disposal system, the department shall initiate
where a likelihood exists that the system will enforcement actions against the owner or
receive toxic, hazardous, or industrial waste. tenant to ensure adequate cleanup, treatment,
An existing onsite sewage treatment and and disposal.
disposal system may be repaired if a publicly
owned or investor-owned sewerage system is (j) An onsite sewage treatment and disposal
not available within 500 feet of the building system for a single-family residence that is
sewer stub-out and if system construction and designed by a professional engineer registered
operation standards can be met. This in the state and certified by such engineer as
paragraph does not require publicly owned or complying with performance criteria adopted
investor-owned sewerage treatment systems by the department must be approved by the
to accept anything other than domestic department subject to the following:
wastewater.
1. The performance criteria applicable to
1. A building located in an area zoned or used engineer-designed systems must be limited to
for industrial or manufacturing purposes, or its those necessary to ensure that such systems
equivalent, when such building is served by an do not adversely affect the public health or
onsite sewage treatment and disposal system, significantly degrade the groundwater or
must not be occupied until the owner or tenant surface water. Such performance criteria shall
has obtained written approval from the include consideration of the quality of system
department. The department shall not grant effluent, the proposed total sewage flow per
approval when the proposed use of the system acre, wastewater treatment capabilities of the
is to dispose of toxic, hazardous, or industrial natural or replaced soil, water quality
wastewater or toxic or hazardous chemicals. classification of the potential surface-water-
receiving body, and the structural and
2. Each person who owns or operates a maintenance viability of the system for the
business or facility in an area zoned or used for treatment of domestic wastewater. However,
industrial or manufacturing purposes, or its performance criteria shall address only the
equivalent, or who owns or operates a performance of a system and not a system's
business that has the potential to generate design.
toxic, hazardous, or industrial wastewater or
toxic or hazardous chemicals, and uses an 2. The technical review and advisory panel
onsite sewage treatment and disposal system shall assist the department in the development
that is installed on or after July 5, 1989, must of performance criteria applicable to engineer-
obtain an annual system operating permit from designed systems.
the department. A person who owns or
95
3. A person electing to utilize an engineer- engineer to meet the performance-based
designed system shall, upon completion of the criteria adopted by the department.
system design, submit such design, certified by
a registered professional engineer, to the (l) For the Florida Keys, the department shall
county health department. The county health adopt a special rule for the construction,
department may utilize an outside consultant installation, modification, operation, repair,
to review the engineer-designed system, with maintenance, and performance of onsite
the actual cost of such review to be borne by sewage treatment and disposal systems which
the applicant. Within 5 working days after considers the unique soil conditions and which
receiving an engineer-designed system permit considers water table elevations, densities, and
application, the county health department shall setback requirements. On lots where a setback
request additional information if the application distance of 75 feet from surface waters,
is not complete. Within 15 working days after saltmarsh, and buttonwood association habitat
receiving a complete application for an areas cannot be met, an injection well,
engineer-designed system, the county health approved and permitted by the department,
department either shall issue the permit or, if may be used for disposal of effluent from
it determines that the system does not comply onsite sewage treatment and disposal systems.
with the performance criteria, shall notify the
applicant of that determination and refer the (m) No product sold in the state for use in
application to the department for a onsite sewage treatment and disposal systems
determination as to whether the system should may contain any substance in concentrations
be approved, disapproved, or approved with or amounts that would interfere with or
modification. The department engineer's prevent the successful operation of such
determination shall prevail over the action of system, or that would cause discharges from
the county health department. The applicant such systems to violate applicable water
shall be notified in writing of the department's quality standards. The department shall
determination and of the applicant's rights to publish criteria for products known or expected
pursue a variance or seek review under the to meet the conditions of this paragraph. In
provisions of chapter 120. the event a product does not meet such
criteria, such product may be sold if the
4. The owner of an engineer-designed manufacturer satisfactorily demonstrates to
performance-based system must maintain a the department that the conditions of this
current maintenance service agreement with a paragraph are met.
maintenance entity permitted by the
department. The maintenance entity shall (n) Evaluations for determining the seasonal
obtain a biennial system operating permit from high-water table elevations or the suitability of
the department for each system under service soils for the use of a new onsite sewage
contract. The department shall inspect the treatment and disposal system shall be
system at least annually, or on such periodic performed by department personnel,
basis as the fee collected permits, and may professional engineers registered in the state,
collect system-effluent samples if appropriate or such other persons with expertise, as
to determine compliance with the performance defined by rule, in making such evaluations.
criteria. The fee for the biennial operating Evaluations for determining mean annual flood
permit shall be collected beginning with the lines shall be performed by those persons
second year of system operation. The identified in paragraph (2)(i). The department
maintenance entity shall inspect each system shall accept evaluations submitted by
at least twice each year and shall report professional engineers and such other persons
quarterly to the department on the number of as meet the expertise established by this
systems inspected and serviced. section or by rule unless the department has a
reasonable scientific basis for questioning the
5. If an engineer-designed system fails to accuracy or completeness of the evaluation.
properly function or fails to meet performance
standards, the system shall be re-engineered, (o) The department shall appoint a research
if necessary, to bring the system into review and advisory committee, which shall
compliance with the provisions of this section. meet at least semiannually. The committee
shall advise the department on directions for
(k) An innovative system may be approved in new research, review and rank proposals for
conjunction with an engineer-designed site- research contracts, and review draft research
specific system which is certified by the
96
reports and make comments. The committee is owner, developer, or subdivider prior to
comprised of: submission of an application for an onsite
sewage treatment and disposal system.
1. A representative of the Division of
Environmental Health of the Department of (r) Nothing in this section limits the power of a
Health. municipality or county to enforce other laws for
the protection of the public health and safety.
2. A representative from the septic tank
industry. (s) In the siting of onsite sewage treatment
and disposal systems, including drainfields,
3. A representative from the home building shoulders, and slopes, guttering shall not be
industry. required on single-family residential dwelling
units for systems located greater than 5 feet
4. A representative from an environmental from the roof drip line of the house. If
interest group. guttering is used on residential dwelling units,
the downspouts shall be directed away from
5. A representative from the State University the drainfield.
System, from a department knowledgeable
about onsite sewage treatment and disposal (t) Notwithstanding the provisions of
systems. subparagraph (g)1., onsite sewage treatment
and disposal systems located in floodways of
6. A professional engineer registered in this the Suwannee and Aucilla Rivers must adhere
state who has work experience in onsite to the following requirements:
sewage treatment and disposal systems.
1. The absorption surface of the drainfield shall
7. A representative from local government who not be subject to flooding based on 10-year
is knowledgeable about domestic wastewater flood elevations. Provided, however, for lots or
treatment. parcels created by the subdivision of land in
accordance with applicable local government
8. A representative from the real estate regulations prior to January 17, 1990, if an
profession. applicant cannot construct a drainfield system
with the absorption surface of the drainfield at
9. A representative from the restaurant
an elevation equal to or above 10-year flood
industry.
elevation, the department shall issue a permit
for an onsite sewage treatment and disposal
10. A consumer.
system within the 10-year floodplain of rivers,
streams, and other bodies of flowing water if
Members shall be appointed for a term of 3
all of the following criteria are met:
years, with the appointments being staggered
so that the terms of no more than four
a. The lot is at least one-half acre in size;
members expire in any one year. Members
shall serve without remuneration, but are b. The bottom of the drainfield is at least 36
entitled to reimbursement for per diem and inches above the 2-year flood elevation; and
travel expenses as provided in s. 112.061.
c. The applicant installs either: a waterless,
(p) An application for an onsite sewage incinerating, or organic waste composting toilet
treatment and disposal system permit shall be and a graywater system and drainfield in
completed in full, signed by the owner or the accordance with department rules; an aerobic
owner's authorized representative, or by a treatment unit and drainfield in accordance
contractor licensed under chapter 489, and with department rules; a system approved by
shall be accompanied by all required exhibits the State Health Office that is capable of
and fees. No specific documentation of reducing effluent nitrate by at least 50
property ownership shall be required as a percent; or a system approved by the county
prerequisite to the review of an application or health department pursuant to department rule
the issuance of a permit. The issuance of a other than a system using alternative drainfield
permit does not constitute determination by materials. The United States Department of
the department of property ownership. Agriculture Soil Conservation Service soil
maps, State of Florida Water Management
(q) The department may not require any form
District data, and Federal Emergency
of subdivision analysis of property by an
97
Management Agency Flood Insurance maps are under ss. 381.0065-381.0067, part I of
resources that shall be used to identify flood- chapter 386, or part III of chapter 489. As
prone areas. used in this paragraph, the term "premises"
does not include a residence or private
2. The use of fill or mounding to elevate a building. To gain entry to a residence or
drainfield system out of the 10-year floodplain private building, the department must obtain
of rivers, streams, or other bodies of flowing permission from the owner or occupant or
water shall not be permitted if such a system secure an inspection warrant from a court of
lies within a regulatory floodway of the competent jurisdiction.
Suwannee and Aucilla Rivers. In cases where
the 10-year flood elevation does not coincide (b)1. The department may issue citations that
with the boundaries of the regulatory floodway, may contain an order of correction or an order
the regulatory floodway will be considered for to pay a fine, or both, for violations of ss.
the purposes of this subsection to extend at a 381.0065-381.0067, part I of chapter 386, or
minimum to the 10-year flood elevation. part III of chapter 489 or the rules adopted by
the department, when a violation of these
(u) The owner of an aerobic treatment unit sections or rules is enforceable by an
system shall maintain a current maintenance administrative or civil remedy, or when a
service agreement with an aerobic treatment violation of these sections or rules is a
unit maintenance entity permitted by the misdemeanor of the second degree. A citation
department. The maintenance entity shall issued under ss. 381.0065-381.0067, part I of
obtain a system operating permit from the chapter 386, or part III of chapter 489
department for each aerobic treatment unit constitutes a notice of proposed agency action.
under service contract. The maintenance entity
shall inspect each aerobic treatment unit 2. A citation must be in writing and must
system at least twice each year and shall describe the particular nature of the violation,
report quarterly to the department on the including specific reference to the provisions of
number of aerobic treatment unit systems law or rule allegedly violated.
inspected and serviced. The owner shall allow
the department to inspect during reasonable 3. The fines imposed by a citation issued by
hours each aerobic treatment unit system at the department may not exceed $500 for each
least annually, and such inspection may violation. Each day the violation exists
include collection and analysis of system- constitutes a separate violation for which a
effluent samples for performance criteria citation may be issued.
established by rule of the department.
4. The department shall inform the recipient,
(v) The department may require the by written notice pursuant to ss. 120.569 and
submission of detailed system construction 120.57, of the right to an administrative
plans that are prepared by a professional hearing to contest the citation within 21 days
engineer registered in this state. The after the date the citation is received. The
department shall establish by rule criteria for citation must contain a conspicuous statement
determining when such a submission is that if the recipient fails to pay the fine within
required. the time allowed, or fails to appear to contest
the citation after having requested a hearing,
(5) ENFORCEMENT; RIGHT OF ENTRY; the recipient has waived the recipient's right to
CITATIONS.-- contest the citation and must pay an amount
up to the maximum fine.
(a) Department personnel who have reason to
believe noncompliance exists, may at any 5. The department may reduce or waive the
reasonable time, enter the premises permitted fine imposed by the citation. In determining
under ss. 381.0065-381.0066, or the business whether to reduce or waive the fine, the
premises of any septic tank contractor or department must consider the gravity of the
master septic tank contractor registered under violation, the person's attempts at correcting
part III of chapter 489, or any premises that the violation, and the person's history of
the department has reason to believe is being previous violations including violations for
operated or maintained not in compliance, to which enforcement actions were taken under
determine compliance with the provisions of ss. 381.0065-381.0067, part I of chapter 386,
this section, part I of chapter 386, or part III part III of chapter 489, or other provisions of
of chapter 489 or rules or standards adopted law or rule.
98
6. Any person who willfully refuses to sign and central sewerage system. No less than 1 year
accept a citation issued by the department prior to the date the sewerage system will
commits a misdemeanor of the second degree, become available, the publicly owned or
punishable as provided in s. 775.082 or s. investor-owned sewerage system shall notify
775.083. the affected owner of the onsite sewage
treatment and disposal system of the
7. The department, pursuant to ss. 381.0065- anticipated availability of the sewerage system
381.0067, part I of chapter 386, or part III of and shall also notify the owner that the owner
chapter 489, shall deposit any fines it collects will be required to connect to the sewerage
in the county health department trust fund for system within 1 year of the actual availability.
use in providing services specified in those The owner shall have the option of prepaying
sections. the amortized value of required connection
charges in equal monthly installments over a
8. This section provides an alternative means period not to exceed 2 years from the date of
of enforcing ss. 381.0065-381.0067, part I of the initial notification of anticipated availability.
chapter 386, and part III of chapter 489. This Nothing in this section shall operate to impair
section does not prohibit the department from contracts or other binding obligations relating
enforcing ss. 381.0065-381.0067, part I of to payment schedules in existence as of
chapter 386, or part III of chapter 489, or its October 1, 1993. Nothing in this paragraph
rules, by any other means. However, the limits the power of a municipality or county to
department must elect to use only a single enforce other laws for the protection of the
method of enforcement for each violation. public health and safety.
History.--ss. 1, 2, 3, 4, 5, 6, ch. 75-145; s. (b) The owner of an onsite sewage treatment

72, ch. 77-147; s. 1, ch. 77-174; ss. 1, 2, ch. and disposal system that needs repair or
77-308; s. 1, ch. 78-430; s. 1, ch. 79-45; s. 1, modification to function in a sanitary manner
ch. 82-10; s. 37, ch. 83-218; ss. 43, 46, ch. or to comply with the requirements of ss.
83-310; s. 1, ch. 84-119; s. 4, ch. 85-314; s. 381.0065-381.0067 or rules adopted under
5, ch. 86-220; s. 14, ch. 89-324; s. 26, ch. those sections must connect to an available
91-297; ss. 1, 10, 11, ch. 93-151; s. 40, ch. publicly owned or investor-owned sewerage
94-218; s. 352, ch. 94-356; s. 1033, ch. 95- system within 90 days after written notification
148; ss. 1, 3, ch. 96-303; s. 116, ch. 96-410; from the department. In hardship cases, upon
s. 181, ch. 97-101; s. 21, ch. 97-237; s. 7, ch. request of the owner, the department may
98-151; s. 2, ch. 98-420; s. 192, ch. 99-13; approve an extension of not more than 90
ss. 1, 7, ch. 99-395; s. 10, ch. 2000-242; s. days for sewerage connection. The department
19, ch. 2001-62; s. 1, ch. 2001-234; s. 7, ch. may approve only one extension. This
2004-350; s. 48, ch. 2005-2; s. 4, ch. 2006- paragraph does not authorize the owner of the
68; s. 1, ch. 2008-215; s. 19, ch. 2008-240. onsite sewage treatment and disposal system
to create or maintain a sanitary nuisance.
(2) The provisions of subsection (1) or any
381.00655 Connection of existing onsite other provision of law to the contrary
sewage treatment and disposal systems notwithstanding:
to central sewerage system;
requirements.-- (a) The local governing body of the jurisdiction
in which the owner of the onsite sewage
(1)(a) The owner of a properly functioning treatment and disposal system resides may
onsite sewage treatment and disposal system, provide that any connection fee charged under
excluding an approved onsite graywater this section by an investor-owned sewerage
system, must connect the system or the system may be paid without interest in
building's plumbing to an available publicly monthly installments, over a period of time not
owned or investor-owned sewerage system to exceed 5 years from the date the sewerage
within 365 days after written notification by system becomes available if it determines that
the owner of the publicly owned or investor- the owner has demonstrated a financial
owned sewerage system that the system is hardship. The local governing body shall
available for connection. The publicly owned or establish criteria for making this determination
investor-owned sewerage system must notify which take into account the owner's net worth,
the owner of the onsite sewage treatment and income, and financial needs.
disposal system of the availability of the
99
(b) A publicly owned or investor-owned (a) Application review, permit issuance, or
sewerage system may, with the approval of system inspection, including repair of a
the department, waive the requirement of subsurface, mound, filled, or other alternative
mandatory onsite sewage disposal connection system or permitting of an abandoned system:
if it determines that such connection is not a fee of not less than $25, or more than $125.
required in the public interest due to public
health considerations. (b) Site evaluation, site reevaluation,
evaluation of a system previously in use, or a
(c) A local government or water and sewer per annum septage disposal site evaluation: a
district responsible for the operation of a fee of not less than $40, or more than $115.
centralized sewer system under s. 153.62 may
grant a variance to an owner of a (c) Biennial Operating permit for aerobic
performance-based onsite sewage treatment treatment units or performance-based
and disposal system permitted by the treatment systems: a fee of not more than
department as long as the onsite system is $100.
functioning properly and satisfying the
conditions of the operating permit. Nothing in (d) Annual operating permit for systems
this paragraph shall be construed to require a located in areas zoned for industrial
local government or water and sewer district to manufacturing or equivalent uses or where the
issue a variance under any circumstance. system is expected to receive wastewater
Nothing in this paragraph shall be construed as which is not domestic in nature: a fee of not
limiting local government authority to enact less than $150, or more than $300.
ordinances under s. 4, chapter 99-395, Laws of
Florida. A local government or water and sewer (e) Innovative technology: a fee not to exceed
district located in any of the following areas $25,000.
shall not be required to issue a variance under
any circumstance: (f) Septage disposal service, septage
stabilization facility, portable or temporary
1. An area of critical state concern. toilet service, tank manufacturer inspection: a
fee of not less than $25, or more than $200,
2. An area that was designated as an area of per year.
critical state concern for at least 20
consecutive years prior to removal of the (g) Application for variance: a fee of not less
designation. than $150, or more than $300.
3. An area in the South Florida Water (h) Annual operating permit for waterless,
Management District west C-11 basin that incinerating, or organic waste composting
discharges through the S-9 pump into the toilets: a fee of not less than $50, or more
Everglades. than $150.
4. An area designated by the Lake Okeechobee (i) Aerobic treatment unit or performance-
Protection Act. based treatment system maintenance entity
permit: a fee of not less than $25, or more
History.--s. 2, ch. 93-151; s. 5, ch. 2006-252. than $150, per year.
381.0066 Onsite sewage treatment and (j) Reinspection fee per visit for site inspection
disposal systems; fees.-- after system construction approval or for
noncompliant system installation per site visit:
(1) The department may collect fees for a fee of not less than $25, or more than $100.
services provided with respect to onsite
sewage treatment and disposal systems. The (k) Research: An additional $5 fee shall be
total fees assessed under this section must be added to each new system construction permit
sufficient to meet the cost of administering this issued to be used to fund onsite sewage
section and ss. 381.0065 and 381.00655. treatment and disposal system research,
demonstration, and training projects. Five
(2) The minimum fees in the following fee dollars from any repair permit fee collected
schedule apply until changed by rule by the under this section shall be used for funding the
department within the following limits: hands-on training centers described in s.
381.0065(3)(j).
100
(l) Annual operating permit, including annual 381.0068 Technical review and advisory
inspection and any required sampling and panel.--
laboratory analysis of effluent, for an engineer-
designed performance-based system: a fee of (1) The Department of Health shall, by July 1,
not less than $150, or more than $300. 1996, establish and staff a technical review
and advisory panel to assist the department
The funds collected pursuant to this subsection with rule adoption.
must be deposited in a trust fund administered
by the department, to be used for the (2) The primary purpose of the panel is to
purposes stated in this section and ss. assist the department in rulemaking and
381.0065 and 381.00655. decisionmaking by drawing on the expertise of
representatives from several groups that are
History.--ss. 44, 46, ch. 83-310; s. 39, ch. affected by onsite sewage treatment and
85-81; s. 2, ch. 88-89; s. 27, ch. 91-297; ss. disposal systems. The panel may also review
3, 10, 11, ch. 93-151; ss. 2, 3, ch. 96-303; s. and comment on any legislation or any existing
2, ch. 99-395; s. 2, ch. 2001-234; s. 16, ch. or proposed state policy or issue related to
2002-402; s. 24, ch. 2003-399; s. 2, ch. 2004- onsite sewage treatment and disposal systems.
245; ss. 10, 76, ch. 2004-269; s. 8, ch. 2004- If requested by the panel, the chair will advise
350. any affected person or member of the
Legislature of the panel's position on the
Note.--Former s. 381.273. legislation or any existing or proposed state
policy or issue. The chair may also take such
381.0067 Corrective orders; private and other action as is appropriate to allow the
certain public water systems and onsite panel to function. At a minimum, the panel
sewage treatment and disposal systems.-- shall consist of a soil scientist; a professional
When the department or its agents, through engineer registered in this state who is
investigation, find that any private water recommended by the Florida Engineering
system, public water system not covered or Society and who has work experience in onsite
included in the Florida Safe Drinking Water Act sewage treatment and disposal systems; two
(part VI of chapter 403), or onsite sewage representatives from the home-building
treatment and disposal system constitutes a industry recommended by the Florida Home
nuisance or menace to the public health or Builders Association, including one who is a
significantly degrades the groundwater or developer in this state who develops lots using
surface water, the department or its agents onsite sewage treatment and disposal
may issue an order requiring the owner to systems; a representative from the county
correct the improper condition. If the improper health departments who has experience
condition relates to the drainfield of an onsite permitting and inspecting the installation of
sewage treatment and disposal system, the onsite sewage treatment and disposal systems
department or its agents may issue an order in this state; a representative from the real
requiring the owner to repair or replace the estate industry who is recommended by the
drainfield. If an onsite sewage treatment and Florida Association of Realtors; a consumer
disposal system has failed, the department or representative with a science background; two
its agents shall issue an order requiring the representatives of the septic tank industry
owner to replace the system. For purposes of recommended by the Florida Onsite
this section, an onsite sewage treatment and Wastewater Association, including one who is a
disposal system has failed if the operation of manufacturer of onsite sewage treatment and
the system constitutes a nuisance or menace disposal systems; a representative from local
to the public health or significantly degrades government who is knowledgeable about
the groundwater or surface water and the domestic wastewater treatment and who is
system cannot be repaired. recommended by the Florida Association of
Counties and the Florida League of Cities; and
History.--s. 2, ch. 29834, 1955; ss. 19, 35, a representative from the environmental health
ch. 69-106; s. 74, ch. 77-147; s. 17, ch. 77- profession who is recommended by the Florida
337; s. 28, ch. 91-297; s. 6, ch. 93-151; s. 6, Environmental Health Association and who is
ch. 2006-252. not employed by a county health department.
Members are to be appointed for a term of 2
Note.--Former s. 381.291. years. The panel may also, as needed, be
expanded to include ad hoc, nonvoting
representatives who have topic-specific
101
expertise. All rules proposed by the
department which relate to onsite sewage
treatment and disposal systems must be
presented to the panel for review and
comment prior to adoption. The panel's
position on proposed rules shall be made a
part of the rulemaking record that is
maintained by the agency. The panel shall
select a chair, who shall serve for a period of 1
year and who shall direct, coordinate, and
execute the duties of the panel. The panel shall
also solicit input from the department's
variance review and advisory committee before
submitting any comments to the department
concerning proposed rules. The panel's
comments must include any dissenting points
of view concerning proposed rules. The panel
shall hold meetings as it determines necessary
to conduct its business, except that the chair,
a quorum of the voting members of the panel,
or the department may call meetings. The
department shall keep minutes of all meetings
of the panel. Panel members shall serve
without remuneration, but, if requested, shall
be reimbursed for per diem and travel
expenses as provided in s. 112.061.
History.--s. 9, ch. 93-151; s. 4, ch. 96-303;

s. 182, ch. 97-101; s. 3, ch. 98-420; s. 193,
ch. 99-13; s. 32, ch. 2003-1; s. 2, ch. 2008-
215.
102
(1) The Department of Health, upon
CHAPTER 386
determining the existence of anything or things
PARTICULAR CONDITIONS AFFECTING herein declared to be nuisances by law, shall
PUBLIC HEALTH notify the person or persons committing,
creating, keeping, or maintaining the same, to
PART I remove or cause to be removed, the same
within 24 hours, or such other reasonable time
SANITARY NUISANCES as may be determined by the department,
after such notice be duly given.
386.01 Sanitary nuisance.
(2) If the sanitary nuisance condition is not
386.02 Duty of Department of Health. removed by such person or persons within the
time prescribed in said notice, the department,
386.03 Notice to remove nuisances; authority its agents or deputies or local health
of Department of Health and local health authorities, may within the county where the
authorities. nuisance exists, remove, cause to remove, or
prevent the continuing sanitary nuisance
386.041 Nuisances injurious to health. condition in the following manner:
386.051 Nuisances injurious to health, penalty. (a) Undertake required correctional

procedures, including the removal of same if
386.01 Sanitary nuisance.--A sanitary necessary; the cost or expense of such
nuisance is the commission of any act, by an removal or correctional procedures shall be
individual, municipality, organization, or paid by the person or persons committing,
corporation, or the keeping, maintaining, creating, keeping, or maintaining such
propagation, existence, or permission of nuisances; and if the said cost and expense
anything, by an individual, municipality, thus accruing shall not be paid within 10 days
organization, or corporation, by which the after such removal, the same shall be collected
health or life of an individual, or the health or from the person or persons committing,
lives of individuals, may be threatened or creating, keeping, or maintaining such
impaired, or by which or through which, nuisances, by suit at law; but this paragraph
directly or indirectly, disease may be caused. shall not authorize the department to alter,
change, demolish, or remove any machinery,
History.--s. 1, ch. 4346, 1895; GS 1153; RGS equipment, or facility designed or used for the
2157; CGL 3386. processing or disposing of liquid or smoke
effluent of a manufacturing plant.
386.02 Duty of Department of Health.--The
Department of Health, upon request of the (b) Institute criminal proceedings in the county
proper authorities, or of any three responsible court in the jurisdiction of which the condition
resident citizens, or whenever it may seem exists against all persons failing to comply with
necessary to the department, shall investigate notices to correct sanitary nuisance conditions
the sanitary condition of any city, town, or as provided in this chapter.
place in the state; and if, upon examination,
the department shall ascertain the existence of (c) Institute legal proceedings authorized by
any sanitary nuisance as herein defined, it the department as set forth in s. 381.0012.
shall serve notice upon the proper party or
parties to remove or abate the said nuisance (d) Institute administrative proceedings
or, if necessary, proceed to remove or abate authorized by the department as set forth in s.
the said nuisance in the manner provided in s. 381.0061.
823.01.
History.--s. 12, ch. 4346, 1895; GS 1155;
History.--s. 11, ch. 4346, 1895; GS 1154; RGS 2159; CGL 3388; s. 1, ch. 63-64; ss. 19,
RGS 2158; CGL 3387; ss. 19, 35, ch. 69-106; 35, ch. 69-106; s. 1, ch. 77-119; s. 149, ch.
s. 148, ch. 77-147; s. 75, ch. 97-101. 77-147; s. 5, ch. 80-351; s. 53, ch. 91-297; s.
76, ch. 97-101.
386.03 Notice to remove nuisances;
authority of Department of Health and
local health authorities.--
103
386.041 Nuisances injurious to health.--
(1) The following conditions existing,

permitted, maintained, kept, or caused by any
individual, municipal organization, or
corporation, governmental or private, shall
constitute prima facie evidence of maintaining
a nuisance injurious to health:
(a) Untreated or improperly treated human

waste, garbage, offal, dead animals, or
dangerous waste materials from manufacturing
processes harmful to human or animal life and
air pollutants, gases, and noisome odors which
are harmful to human or animal life.
(b) Improperly built or maintained septic

tanks, water closets, or privies.
(c) The keeping of diseased animals dangerous

to human health.
(d) Unclean or filthy places where animals are

slaughtered.
(e) The creation, maintenance, or causing of

any condition capable of breeding flies,
mosquitoes, or other arthropods capable of
transmitting diseases, directly or indirectly to
humans.
(f) Any other condition determined to be a

sanitary nuisance as defined in s. 386.01.
(2) The Department of Health, its agents and

deputies, or local health authorities are
authorized to investigate any condition or
alleged nuisance in any city, town, or place
within the state, and if such condition is
determined to constitute a sanitary nuisance,
they may take such action to abate the said
nuisance condition in accordance with the
provisions of this chapter.
History.--s. 2, ch. 63-64; ss. 19, 35, ch. 69-

106; s. 150, ch. 77-147; s. 77, ch. 97-101.
386.051 Nuisances injurious to health,

penalty.--Any person found guilty of creating,
keeping, or maintaining a nuisance injurious to
health shall be guilty of a misdemeanor of the
second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--s. 2, ch. 63-64; s. 337, ch. 71-136.
104
trustees, unless for the purpose of performing
CHAPTER 489
routine maintenance or repair or construction
CONTRACTING not exceeding $200,000 to existing
installations, if the employee does not hold
PART I himself or herself out for hire or otherwise
engage in contracting except in accordance
CONSTRUCTION CONTRACTING with his or her employment. If the
construction, remodeling, or improvement
489.103 Exemptions.--This part does not exceeds $200,000, school boards, state
apply to: university boards of trustees, and community
college boards of trustees shall not divide the
(1) Contractors in work on bridges, roads, project into separate components for the
streets, highways, or railroads, and services purpose of evading this section.
incidental thereto. The board, in agreement
with the Department of Transportation, shall, (4) An officer appointed by a court when he or
by rule, define "services incidental thereto" for she is acting within the scope of his or her
the purposes of this subsection only. office as defined by law or court order. When
construction projects which were not underway
(2) Any employee of a certificateholder or at the time of appointment of the officer are
registrant who is acting within the scope of the undertaken, the officer shall employ or
license held by that certificateholder or contract with a licensee.
registrant and with the knowledge and
permission of the licenseholder. However: (5) Public utilities, including special gas
districts as defined in chapter 189,
(a) If the employer is not a certificateholder or telecommunications companies as defined in s.
registrant in that type of contracting, and the 364.02(14), and natural gas transmission
employee performs any of the following, the companies as defined in s. 368.103(4), on
employee is not exempt: construction, maintenance, and development
work performed by their employees, which
1. Holds himself or herself or his or her work, including, but not limited to, work on
employer out to be licensed or qualified by a bridges, roads, streets, highways, or railroads,
licensee; is incidental to their business. The board shall
define, by rule, the term "incidental to their
2. Leads the consumer to believe that the business" for purposes of this subsection.
employee has an ownership or management
interest in the company; or (6) The sale or installation of any finished
products, materials, or articles of merchandise
3. Performs any of the acts which constitute that are not fabricated into and do not become
contracting. a permanent fixed part of the structure, such
as awnings. However, this subsection does not
(b) The legislative intent of this subsection is exempt in-ground spas and swimming pools
to place equal responsibility on the unlicensed that involve excavation, plumbing, chemicals,
business and its employees for the protection or wiring of any appliance without a factory-
of the consumers in contracting transactions. installed electrical cord and plug. This
subsection does not limit the exemptions
For the purpose of this part, "employee" is provided in subsection (7).
defined as a person who receives
compensation from and is under the (7) Owners of property when acting as their
supervision and control of an employer who own contractor and providing direct, onsite
regularly deducts the F.I.C.A. and withholding supervision themselves of all work not
tax and provides workers' compensation, all as performed by licensed contractors:
prescribed by law.
(a) When building or improving farm
(3) An authorized employee of the United outbuildings or one-family or two-family
States, this state, or any municipality, county, residences on such property for the occupancy
irrigation district, reclamation district, or any or use of such owners and not offered for sale
other municipal or political subdivision, except or lease, or building or improving commercial
school boards, state university boards of buildings, at a cost not to exceed $75,000, on
trustees, and community college boards of such property for the occupancy or use of such

105
owners and not offered for sale or lease. In an property, to act as your own contractor with
action brought under this part, proof of the certain restrictions even though you do not
sale or lease, or offering for sale or lease, of have a license. You must provide direct, onsite
any such structure by the owner-builder within supervision of the construction yourself. You
1 year after completion of same creates a may build or improve a one-family or two-
presumption that the construction was family residence or a farm outbuilding. You
undertaken for purposes of sale or lease. may also build or improve a commercial
building, provided your costs do not exceed
(b) When repairing or replacing wood shakes $75,000. The building or residence must be for
or asphalt or fiberglass shingles on one-family, your own use or occupancy. It may not be built
two-family, or three-family residences for the or substantially improved for sale or lease. If
occupancy or use of such owner or tenant of you sell or lease a building you have built or
the owner and not offered for sale within 1 substantially improved yourself within 1 year
year after completion of the work and when after the construction is complete, the law will
the property has been damaged by natural presume that you built or substantially
causes from an event recognized as an improved it for sale or lease, which is a
emergency situation designated by executive violation of this exemption. You may not hire
order issued by the Governor declaring the an unlicensed person to act as your contractor
existence of a state of emergency as a result or to supervise people working on your
and consequence of a serious threat posed to building. It is your responsibility to make sure
the public health, safety, and property in this that people employed by you have licenses
state. required by state law and by county or
municipal licensing ordinances. You may not
This subsection does not exempt any person delegate the responsibility for supervising work
who is employed by or has a contract with to a licensed contractor who is not licensed to
such owner and who acts in the capacity of a perform the work being done. Any person
contractor. The owner may not delegate the working on your building who is not licensed
owner's responsibility to directly supervise all must work under your direct supervision and
work to any other person unless that person is must be employed by you, which means that
registered or certified under this part and the you must deduct F.I.C.A. and withholding tax
work being performed is within the scope of and provide workers' compensation for that
that person's license. For the purposes of this employee, all as prescribed by law. Your
subsection, the term "owners of property" construction must comply with all applicable
includes the owner of a mobile home situated laws, ordinances, building codes, and zoning
on a leased lot. To qualify for exemption under regulations.
this subsection, an owner must personally
appear and sign the building permit application (8) Any construction, alteration, improvement,
and must satisfy local permitting agency or repair carried on within the limits of any site
requirements, if any, proving that the owner the title to which is in the United States or with
has a complete understanding of the owner's respect to which federal law supersedes this
obligations under the law as specified in the part.
disclosure statement in this section. If any
person violates the requirements of this (9) Any work or operation of a casual, minor,
subsection, the local permitting agency shall or inconsequential nature in which the
withhold final approval, revoke the permit, or aggregate contract price for labor, materials,
pursue any action or remedy for unlicensed and all other items is less than $1,000, but this
activity against the owner and any person exemption does not apply:
performing work that requires licensure under
the permit issued. The local permitting agency (a) If the construction, repair, remodeling, or
shall provide the person with a disclosure improvement is a part of a larger or major
statement in substantially the following form: operation, whether undertaken by the same or
a different contractor, or in which a division of
Disclosure Statement the operation is made in contracts of amounts
less than $1,000 for the purpose of evading
this part or otherwise.
State law requires construction to be done by
licensed contractors. You have applied for a (b) To a person who advertises that he or she
permit under an exemption to that law. The is a contractor or otherwise represents that he
exemption allows you, as the owner of your or she is qualified to engage in contracting.

106
(10)(a) Any construction or operation general contractor in accordance with this
incidental to the construction or repair of chapter.
irrigation and drainage ditches;
(17) Contracting for repair, maintenance,
(b) Regularly constituted irrigation districts or remodeling, or improvement by any person
reclamation districts; or licensed under part I of chapter 475 while
acting as the owner's agent pursuant to that
(c) Clearing or other work on the land in rural license, where all work requiring a contractor is
districts for fire prevention purposes or performed by a contractor who has a current,
otherwise except when performed by a valid certificate or registration issued under
licensee. this part to perform such work, and where the
aggregate contract for labor, materials, and all
(11) A registered architect or engineer acting other items is less than $5,000; however, this
within the scope of his or her practice or any exemption does not apply:
person exempted by the law regulating
architects and engineers, including persons (a) If the maintenance, repair, remodeling, or
doing design work as specified in s. improvement is a part of a larger or major
481.229(1)(b); provided, however, that an operation, whether undertaken by the same or
architect or engineer shall not act as a a different contractor, or in which a division of
contractor unless properly licensed under this the operation is made in contracts of amounts
chapter. less than $5,000 for the purpose of evading
this part or otherwise.
(12) Any person who only furnishes materials
or supplies without fabricating them into, or (b) To a person who advertises that he or she
consuming them in the performance of, the is qualified to engage in contracting.
work of the contractor.
(18) Any one-family, two-family, or three-
(13) Any person who is licensed pursuant to family residence constructed by Habitat for
chapter 527 when such person is performing Humanity International, Inc., or its local
the work authorized by such license. affiliates. Habitat for Humanity International,
Inc., or its local affiliates, must:
(14) Any person who sells, services, or installs
heating or air-conditioning units which have a (a) Obtain all necessary building permits.
capacity no greater than 3 tons or 36,000 Btu,
which have no ducts, and which have a (b) Obtain all required building code
factory-installed electrical cord and plug. inspections.
(15) The installation and maintenance of water (c) Provide for supervision of all work by an
conditioning units for domestic, commercial, or individual with construction experience.
industrial purposes by operators of water
conditioning services. No municipality or (19) A disaster recovery mitigation
county may adopt an ordinance, rule, or organization or a not-for-profit organization
regulation which requires such an operator to repairing or replacing a one-family, two-family,
become licensed, certified, or registered as a or three-family residence that has been
plumber or which otherwise prevents the impacted by a disaster when such
installation and maintenance of such water organization:
conditioning units by an operator.
(a) Is using volunteer labor to assist the owner
(16) An architect or landscape architect of such residence in mitigating unsafe living
licensed pursuant to chapter 481 or an conditions at the residence;
engineer licensed pursuant to chapter 471 who
offers or renders design-build services which (b) Is not holding itself out to be a contractor;
may require the services of a contractor
certified or registered pursuant to the (c) Obtains all required building permits;
provisions of this chapter, as long as the
contractor services to be performed under the (d) Obtains all required building code
terms of the design-build contract are offered inspections; and
and rendered by a certified or registered
(e) Provides for the supervision of all work by
an individual with construction experience.

107
(20) The sale, delivery, assembly, or tie-down installation of water, natural gas, liquefied
of prefabricated portable sheds that are not petroleum gas and related venting, and storm
more than 250 square feet in interior size and and sanitary sewer lines; and water and sewer
are not intended for use as a residence or as plants and substations. The scope of work of
living quarters. This exemption may not be the plumbing contractor also includes the
construed to interfere with the Florida Building design, when not prohibited by law, and
Code or any applicable local technical installation, maintenance, repair, alteration, or
amendment to the Florida Building Code, local extension of air-piping, vacuum line piping,
licensure requirements, or other local oxygen line piping, nitrous oxide piping, and all
ordinance provisions. related medical gas systems; fire line
standpipes and fire sprinklers to the extent
(21) The sale, delivery, assembly, or tie-down authorized by law; ink and chemical lines; fuel
of lawn storage buildings and storage buildings oil and gasoline piping and tank and pump
not exceeding 400 square feet and bearing the installation, except bulk storage plants; and
insignia of approval from the Department of pneumatic control piping systems, all in such a
Community Affairs showing compliance with manner as to comply with all plans,
the Florida Building Code. specifications, codes, laws, and regulations
applicable. The scope of work of the plumbing
(22) A person licensed pursuant to s. contractor shall apply to private property and
633.061(1)(d) or (2)(b) performing work public property, shall include any excavation
authorized by such license. work incidental thereto, and shall include the
work of the specialty plumbing contractor.
History.--ss. 11, 17, ch. 79-200; ss. 2, 3, ch. Such contractor shall subcontract, with a
81-318; s. 1, ch. 84-160; s. 1, ch. 87-235; ss. qualified contractor in the field concerned, all
2, 20, 21, ch. 88-156; s. 3, ch. 89-115; s. 69, other work incidental to the work but which is
ch. 89-162; s. 1, ch. 89-343; s. 29, ch. 89- specified herein as being the work of a trade
374; s. 38, ch. 90-228; ss. 34, 68, ch. 91-137; other than that of a plumbing contractor.
s. 4, ch. 91-429; s. 7, ch. 92-55; s. 1, ch. 93- Nothing in this definition shall be construed to
154; s. 1, ch. 93-166; s. 255, ch. 94-119; s. limit the scope of work of any specialty
4, ch. 96-298; s. 73, ch. 96-388; s. 1125, ch. contractor certified pursuant to s. 489.113(6).
97-103; s. 39, ch. 98-250; s. 19, ch. 98-287; Nothing in this definition shall be construed to
s. 22, ch. 98-419; s. 39, ch. 2000-141; s. 34, require certification or registration under this
ch. 2000-154; s. 30, ch. 2000-372; s. 34, ch. part of any authorized employee of a public
2001-186; s. 3, ch. 2001-372; s. 26, ch. 2003- natural gas utility or of a private natural gas
32; s. 5, ch. 2005-30; s. 26, ch. 2005-132; s. utility regulated by the Public Service
43, ch. 2005-147; s. 1, ch. 2006-283; s. 56, Commission when disconnecting and
ch. 2007-217. reconnecting water lines in the servicing or
replacement of an existing water heater.
489.105 Definitions.--As used in this part:
PART III
(3)(m) "Plumbing contractor" means a
contractor whose contracting business consists SEPTIC TANK CONTRACTING
of the execution of contracts requiring the
experience, financial means, knowledge, and 489.551 Definitions.
skill to install, maintain, repair, alter, extend,
or, when not prohibited by law, design 489.552 Registration required.
plumbing. A plumbing contractor may install,
maintain, repair, alter, extend, or, when not 489.553 Administration of part; registration
prohibited by law, design the following without qualifications; examination.
obtaining any additional local regulatory
license, certificate, or registration: sanitary 489.554 Registration renewal.
drainage or storm drainage facilities; venting
systems; public or private water supply 489.555 Certification of partnerships and
systems; septic tanks; drainage and supply corporations.
wells; swimming pool piping; irrigation
systems; or solar heating water systems and 489.556 Suspension or revocation of
all appurtenances, apparatus, or equipment registration.
used in connection therewith, including boilers
and pressure process piping and including the 489.557 Fees, establishment.

108
489.558 Penalties and prohibitions. 489.552 Registration required.--A person
shall not hold himself or herself out as a septic
489.551 Definitions.--As used in this part: tank contractor or a master septic tank
contractor in this state unless he or she is
(1) "Department" means the Department of registered by the department in accordance
Health. with the provisions of this part. However,
nothing in this part prohibits any person
(2) "Master septic tank contractor" means a licensed pursuant to s. 489.105(3)(m) in this
septic tank contractor whose services are state from engaging in the profession for which
unlimited in the septic tank trade who has had he or she is licensed.
at least 3 years' experience as a Florida-
registered septic tank contractor or a plumbing History.--ss. 2, 10, ch. 87-310; s. 4, ch. 91-
contractor certified under part I of this chapter 429; s. 6, ch. 96-303.
who has provided septic tank contracting
services for at least 3 years and who has the 489.553 Administration of part;
experience, knowledge, and skills to install, registration qualifications; examination.--
maintain, repair, close repairs of, and alter all
types of onsite sewage treatment and disposal (1) Each person desiring to be registered
systems, to design onsite sewage treatment pursuant to this part shall apply to the
and disposal systems, where not prohibited by department in writing upon forms prepared
law, to perform and submit soil evaluations, and furnished by the department.
when determined to meet site-evaluation
expertise established by rule, and to use (2) The department shall administer,
materials and items used in the installation and coordinate, and enforce the provisions of this
maintenance of all types of onsite sewage part, provide qualifications for applicants,
treatment and disposal systems. administer the examination for applicants, and
be responsible for the granting of certificates of
(3) "Onsite sewage treatment and disposal registration to qualified persons.
system" means a system that contains a
standard subsurface, filled, or mound drainfield (3) The department shall adopt reasonable
system; an aerobic treatment unit; a rules, including, but not limited to, rules that
graywater system tank; a laundry wastewater establish ethical standards of practice,
system tank; a septic tank; a grease requirements for registering as a contractor,
interceptor; a dosing tank; a solids or effluent requirements for obtaining an initial or renewal
pump; a waterless, incinerating, or organic certificate of registration, disciplinary
waste-composting toilet; or a sanitary pit privy guidelines, and requirements for the
that is installed or proposed to be installed certification of partnerships and corporations.
beyond the building sewer on land of the The department may amend or repeal the rules
owner or on other land to which the owner has in accordance with the Administrative
the legal right to install a system. This term Procedure Act.
does not include package sewage treatment
facilities and other treatment works regulated (4) To be eligible for registration by the
under chapter 403. department as a septic tank contractor, the
applicant must:
(4) "Septic tank contractor" means a
contractor who has the experience, knowledge, (a) Be of good moral character. In considering
and skill to install, maintain, repair, alter, good moral character, the department may
perform site evaluations for repairs, when consider any matter that has a substantial
determined to meet site-evaluation expertise connection between the good moral character
established by rule, and use material and items of the applicant and the professional
used in the installation and maintenance of all responsibilities of a registered contractor,
kinds of onsite sewage treatment and disposal including, but not limited to: the applicant
systems. being convicted or found guilty of, or entering
a plea of nolo contendere to, regardless of
History.--ss. 1, 10, ch. 87-310; s. 4, ch. 91- adjudication, a crime in any jurisdiction which
429; s. 7, ch. 93-151; s. 5, ch. 96-303; s. 4, directly relates to the practice of contracting or
ch. 98-420; s. 234, ch. 99-8. the ability to practice contracting; and previous
disciplinary action involving septic tank

109
contracting, where all judicial reviews have probation, suspension, or revocation imposed
been completed. by the licensing agency.
(b) Pass an examination approved by the (b) Take and complete, to the satisfaction of
department which demonstrates that the the department, a minimum of 30 hours of
applicant has a fundamental knowledge of the approved coursework.
state laws relating to the installation and
maintenance of onsite sewage treatment and (c) Pass an examination approved by the
disposal systems. department which demonstrates that the
applicant has advanced knowledge relating to
(c) Be at least 18 years of age. the installation and maintenance of onsite
sewage treatment and disposal systems,
(d) Have a total of at least 3 years of active including, but not limited to, the fundamental
experience serving an apprenticeship as a knowledge required to close residential repair
skilled worker under the supervision and jobs, design systems, and perform soil
control of a registered septic tank contractor or evaluations, when determined to meet site-
a plumbing contractor as defined in s. 489.105 evaluation expertise established by rule.
who has provided septic tank contracting
services. Related work experience or (d) Be reviewed by the department for any
educational experience may be substituted for major infractions of this chapter or other law
no more than 2 years of active contracting relating to onsite sewage treatment and
experience. Each 30 hours of coursework disposal.
approved by the department will substitute for
6 months of work experience. Out-of-state (6) The department shall provide each
work experience shall be accepted on a year- applicant for registration pursuant to this part
for-year basis for any applicant who with a copy of this part and any rules adopted
demonstrates that he or she holds a current under this part. The department may also
license issued by another state for septic tank prepare and disseminate such other material
contracting which was issued upon satisfactory and questionnaires as it deems necessary to
completion of an examination and continuing effectuate the registration provisions of this
education courses that are equivalent to the part.
requirements in this state. For purposes of this
section, an equivalent examination must History.--ss. 3, 10, ch. 87-310; s. 4, ch. 91-
include the topics of system location and 429; s. 8, ch. 93-151; s. 7, ch. 96-303; s. 76,
installation, site evaluation, system size ch. 97-237; s. 27, ch. 98-151; s. 29, ch. 99-7;
determinations, disposal of septage, s. 31, ch. 2000-242; s. 46, ch. 2004-350.
construction standards for drainfield systems,
and the soil-texture classification system of the 489.554 Registration renewal.--
United States Department of Agriculture. A
person employed by and under the supervision (1) The department shall prescribe by rule the
of a licensed contractor shall be granted up to method for approving continuing education
2 years of related work experience. courses, for renewing annual registration, for
approving inactive status for the late filing of a
(e) Have not had a registration revoked, the renewal application, for allowing a contractor
effective date of which was less than 5 years to hold a registration in inactive status for a
before the application. specified period, and for reactivating a
registration.
(5) To be eligible for registration by the
department as a master septic tank contractor, (2) At a minimum, annual renewal shall include
the applicant must: continuing education requirements of not less
than 12 classroom hours annually for septic
(a) Have been a registered septic tank tank contractors and not less than 18
contractor in Florida for at least 3 years or a classroom hours annually for master septic
plumbing contractor certified under part I of tank contractors. The 18 classroom hours of
this chapter who has provided septic tank continuing education required for master septic
contracting services for at least 3 years. The 3 tank contractors may include the 12 classroom
years must immediately precede the date of hours required for septic tank contractors, but
application and may not be interrupted by any at a minimum must include 6 classroom hours

110
of approved master septic tank contractor qualifying contractor. During this period, the
coursework. business organization may complete any
existing contract or continuing contract, but
(3) A certificate of registration becomes may not undertake any new contract. This
inactive when a renewal application is not filed period may be extended once by the
in a timely manner. A certificate that has department for an additional 60 days upon a
become inactive may be reactivated under this showing of good cause. Nothing in this section
section by application to the department. A shall be construed to mean that a certificate of
licensed contractor may apply to the registration to practice septic tank contracting
department for voluntary inactive status at any shall be held by a corporation. No corporation
time during the period of registration. or partnership shall be relieved of responsibility
for the conduct or acts of its agents,
(4) A master septic tank contractor may elect employees, or officers by reason of its
to revert to the status of a registered septic compliance with this section, nor shall any
tank contractor at any time during the period individual practicing septic tank contracting be
of registration. The department shall prescribe relieved of responsibility for professional
by rule the method for a master septic tank services performed by reason of his or her
contractor who has reverted to the status of a employment or relationship with a corporation
registered septic tank contractor to apply for or partnership.
status as a master septic tank contractor.
(2) For the purposes of this section, a
(5) The department shall deny an application certificate of authorization shall be required for
for renewal if the applicant has failed to pay a corporation, partnership, association, or
any administrative penalty imposed by the person practicing under a fictitious name,
department if the penalty is final agency action offering septic tank contracting services to the
and all judicial reviews have been exhausted. public, except that when an individual is
practicing septic tank contracting in his or her
History.--ss. 4, 10, ch. 87-310; s. 55, ch. 91- own given name, he or she shall not be
297; s. 4, ch. 91-429; s. 8, ch. 96-303; s. 5, required to register under this section.
ch. 98-420; s. 47, ch. 2004-350; s. 7, ch.
2006-252. (3) Each certification of authorization shall be
renewed every 2 years. Each partnership and
489.555 Certification of partnerships and corporation certified under this section shall
corporations.-- notify the department within 1 month of any
change in the information contained in the
(1) The practice of or the offer to practice application upon which the certification is
septic tank contracting services by registrants based.
through a parent corporation, corporation,
subsidiary of a corporation, or partnership (4) Disciplinary action against a corporation or
offering septic tank contracting services to the partnership shall be administered in the same
public through registrants under this chapter manner and on the same grounds as
as agents, employers, officers, or partners is disciplinary action against a registered septic
permitted, provided that one or more of the tank contractor or master septic tank
principal officers of the corporation or one or contractor.
more partners of the partnership and all
personnel of the corporation or partnership (5) When a certificate of authorization has
who act in its behalf as septic tank contractors been revoked, any person authorized by law to
or master septic tank contractors in this state provide septic tank contracting services may
are registered as provided by this part, and not use the name or fictitious name of the
further provided that the corporation or entity whose certificate was revoked, or any
partnership has been issued a certificate of other identifiers for the entity, including
authorization by the department as provided in telephone numbers, advertisements, or logos.
this section. A registered contractor may not
be the sole qualifying contractor for more than History.--ss. 5, 10, ch. 87-310; s. 4, ch. 91-
one business that requests a certificate of 429; s. 10, ch. 96-303; s. 52, ch. 97-98; s.
authorization. A business organization that 28, ch. 98-151; s. 6, ch. 98-420.
loses its qualifying contractor has 60 days
following the date the qualifier terminates his 489.556 Suspension or revocation of
or her affiliation within which to obtain another registration.--A certificate of registration may

111
be suspended or revoked upon a showing that 489.558 Penalties and prohibitions.--
the registrant has:
(1) Any person who violates any provision of
(1) Violated any provision of this part. this part commits a misdemeanor of the first
degree, punishable as provided in s. 775.082
(2) Violated any lawful order or rule rendered or s. 775.083.
or adopted by the department.
(2) The department may deny a registration if
(3) Obtained his or her registration or any it determines that an applicant does not meet
other order, ruling, or authorization by means all requirements of this part or has violated
of fraud, misrepresentation, or concealment of any provision of this part. Any applicant
material facts. aggrieved by such denial shall be entitled to a
hearing, after reasonable notice thereof, upon
(4) Been found guilty of gross misconduct in filing a written request for such hearing in
the pursuit of his or her profession. accordance with chapter 120.
History.--ss. 6, 10, ch. 87-310; s. 4, ch. 91- History.--ss. 8, 10, ch. 87-310; s. 119, ch.
429; s. 11, ch. 96-303. 91-224; s. 4, ch. 91-429; s. 13, ch. 96-303.
489.557 Fees, establishment.--
(1) The department shall, by rule, establish

fees as follows:
(a) For septic tank contractor registration:
1. Application and examination fee: not less

than $25 or more than $75.
2. Initial registration fee: not less than $50 or

more than $100.
3. Renewal of registration fee: not less than

$50 or more than $100.
(b) For master septic tank contractor

registration:
1. Application and examination fee: not less

than $25 or more than $75.
2. Initial registration fee: not less than $50 or

more than $100.
3. Renewal of registration fee: not less than

$50 or more than $100.
(c) Certification of partnerships and

corporations: not less than $100 or more than
$250.
(2) Fees established pursuant to subsection (1)

shall be based on the actual costs incurred by
the department in carrying out its registration
and other related responsibilities under this
part.
History.--ss. 7, 10, ch. 87-310; s. 4, ch. 91-

429; s. 12, ch. 96-303.

112
INDEX
Abandonment requirements, 9
permit fee, 31, 32, 71 variance, 10
permit required, 7, 65 Approved, 3
procedure, 31 Approved maintenance entity, 2, 3, 34, 55
registered contractor required, 58 Aquifer, 3
Absorption surface ASTM, 3, 35, 36, 38, 39, 41, 42, 43, 44
calculation of size, 18 Authorization, septic tank contracting, 24, 27,
coarse soils at, 13 60, 62, 71, 111
defined, 2 Authorized flow, calculation, 93, 94
flooding, 97 Available, sewer, 88
loading rates of, 18 Backflow devices, 12, 90
sand lined, 56 Base flood, 3, 6
slope, 44 Baseline system, 63
water table separation, new, 13 Bedroom, 3
water table separation, performance-based, ATU sizing, 33
68 building area coincidence, 17, 33
water table separation, repairs, 46 defined, 3
ACI, 35, 38, 41 laundry system sizing, 18
Advanced secondary treatment, 62, 67, 70 on floorplans, 9, 17
Advanced wastewater treatment, 63, 68 repair sizing, 49, 50
Aerobic treatment unit, 2, 3, 8, 18, 21, 22, 23, sewage flow, 17
32, 33, 34, 35, 36, 54, 55, 56, 57, 71, 90, two people per, assumed, 17
92, 97, 98, 100, 109 Bill-of lading, 43
alarms, 32 Blackwater, 3, 89
approved maintenance entity, 22, 33, 34, Building area, 1, 3, 9, 17, 33, 53
35, 55, 66, 67, 70, 71, 92, 96, 98, 100 Building foundations, setback, 47, 48, 49
bypass prohibited, 33, 81 Buoyancy, 54
child, tamper, vandal resistant, 32, 37 Buttonwood Associations, 53, 54, 56
defined, 2 Car washes, 4
drainfield reduction credit, 33 CBOD5, 3, 21, 62, 63, 64, 69, 70
floodplain, use in, 97 Certification of design, 65
Florida Keys, use in, 56 Cesspit, 53, 55
maintenance agreement, 34, 66, 67 Cistern, 12, 31
maintenance entity, 22, 33, 34, 35, 55, 66, Citation for violation, 2
67, 70, 71, 92, 96, 98, 100 Coastal Construction Control, 10
maintenance entity required, 34 Coliforms, 70
requirements for 1,500-10,000 gpd, 34, 55 Commercial sewage, 1, 4, 8, 10, 32, 34, 71,
sizing, 33 91
Aggregate, 45 and ATUs, 32
in drainfields, 43 combined, 1
in filters, 57 defined, 3
Alternating absorption fields, 43 existing systems, 2
Alternative drainfield material, 44 not industrial, 4
Alternative repair, 45 operating permits, 8
Alternative system, 3, 20, 22, 23, 44, 55, 71, Commercial system, 1, 2
100 ATU inspection, 34
defined, 3 ATU sizing, 33
filled system, 21 dosing, 43
general requirements, 20 existing, 2
mound systems, 20 repairs, 49
other systems, 23 sewage flows, 14
pit privies, 20, 90, 109 variance fee, 71
American National Standards Institute, 3, 32 Community public water system, defined, 5
American Society for Testing Materials, 3 Concrete over tanks, 12
ANSI, 3, 20, 32, 33 Construction approval, 7, 66, 100
Application, 8 Construction permits, policy, 7, 65
performance-based system, 65, 66 Construction sites, sanitary facilities, 1, 30, 92
Index – June 25, 2009

113
Contact time, 55, 57, 63, 64, 67 installation in, 12
Continuing education courses, 60 pro-rata share, lot size, 12
Convenience store, design flow, 17 sewer available via, 22, 89
Density formula, 93 Effective capacity
Design flow, 2, 14 septic tank, 3, 17, 18, 30, 36, 37, 39, 40,
blackwater, 17 41, 50, 68
commercial, 14 Effective grain size, 56
convenience store, 17 Effective soil depth, 3, 13, 45, 49
food operations, 15 Emergency repairs, 35, 67
institutional, 16 Enforcement, 83, 85
kitchen wastewater, 16, 17 EPA lab, 51
meter water use data, 14 EPA, design manual, onsite systems, 19, 44
minimum, 18, 20, 68 EPA, design manual, septage disposal, 24
residential, 17 Establishment, 3
Table I, 14 Estimated daily sewage flow
Discontinuous Limestone commercial, 14
policy, 13 institutional, 16
Disposal service residential, 17
agricultural use plan, 26, 27 Excavated area, 9
land application, 24, 25, 26 Existing Systems
lime stabilization, 24, 25, 45 measurement, 1
operating permit, 23, 27 policy, 1
phosphorous, 26 Failure, 3, 60, 61, 73
truck labeling, 24, 27 Federal Emergency Management Agency, 97
Distribution box, 6, 7, 42, 43, 44, 45, 50, 65 Fees, 71
Domestic sewage, 1, 2, 3, 4, 10, 13, 14, 33, Figures
54, 55, 56, 57, 64, 89, 91 1. Filled trench drainfield system, 3
Dosing, 3, 17, 21, 22, 40, 41, 42, 43, 50, 75, 2. Mound trench drainfield system, 5
109 3. Subsurface trench drainfield system, 6
requirements for, 50 Fill
tank connections, 40 requirement, 5, 12, 13, 14, 19, 20, 21, 22
Dosing tank design, 40 use in floodways, 97
Drainage Filled System
artificial, 13 defined, 3
Drainage ditch requirements, 21
normally dry, 11, 12, 93 Filter device, outlet, 2, 6, 17, 36, 41, 81
Drainfield, 2, 3, 4, 5, 6, 8, 9, 10, 12, 13, 14, approval, 17
17, 18, 19, 20, 21, 22, 23, 31, 32, 33, 34, Final installation approval, 3, 7, 8, 21, 33, 66
42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 54, Fine (penalty), 73
55, 56, 58, 63, 64, 68, 69, 70, 75, 76, 78, Flooding
82, 90, 97, 101, 109, 110 defined, 4
aggregate standards, 39, 43 old subdivisions, 10
backfill barrier, 44 Floodways
construction standards, 42 regulatory, defined, 6
defined, 3 use of fill, 97
depth of aggregate, 43 Floor plan, 9, 17
distribution box, 6, 7, 42, 43, 44, 45, 50, 65 Florida Association of Environmental Soil
dosing, 3, 43 Scientists, 9
header pipe, 6, 42, 43, 44 Florida Keys, 4, 64, 67, 70, 89, 96
performance-based system, 68 system location and design, 54
repair alternative, 45 Flow Allowance, 2, 12, 68, 70, 90
spoil reuse, 6 Food Establishment Sludge, 4, 23, 24, 25, 26,
trenches preferred, 43 27
Drainfield products Grandfather provisions
label, 23 existing system, 1
Drip Irrigation, 10, 21, 22, 23, 97 setback, 1972 onward, 67, 93
splicing, 6 setback, pre 1972, 94
Drop box, 44 ten-year flood, 97
Easements Graywater

114
design flow, 17 performance-based system, 68
sewered areas, 12 repairs, 49, 50
tank capacity, 18 standard subsurface, 18, 77
Grease Interceptors, sizing, 40 Location and installation, 11, 67
Groundwater interceptor drain Lot, 4, 89
setback, 12 1972, 12, 93, 94
High volume establishments, design flow, 17 flow allowance, 2, 12, 68, 70, 90
High water alarm, 41, 75 minimum area, private wells, 92, 97
Holding tank, 1, 6, 27, 28, 30, 31, 58, 61, 92 Low pressure dosing
listing required, 28, 30 standards, 42
portable, 28, 30 Low pressure pipe systems, 21, 23, 42
stationary, 27, 28, 30, 31, 35 Low pressure sewer systems, 23
waste disposal, 27 LTAR, 68
Homeowners exemption, policy, 31, 92 Maintenance franchise, 23
I/M Zone Master Septic Tank Contractor
floor drains, 4 cover repair, 7
policy, 4, 8, 89, 95 exam, 58, 59
sewer availability, 89 renewal, 59
Impermeable, 4 repair inspection, 7
Incinerating toilets requirements, 59
reduction, 20 site evaluations, 1, 9
Industrial, 4 suspension or revocation, 61
Industrial waste, 14, 95 Mean Annual Flood Line, 4, 89
Injection well Mean high water, 5, 54, 56
defined, 53 Mean high water line, 5, 56
requirements, 54, 55, 56, 57, 96 Metered water use data, 14
Innovative system Mineral aggregate filter, 56, 57
defined, 4 Minimum level of waste treatment, 53
requirements, 4, 11, 64, 65, 70, 89, 100 Minimum total capacity, 17
Inspections Modification, 1, 2, 6, 10, 61, 71, 75, 76, 88,
existing systems, 1 91, 96, 99
land application, 25 addition over system, 1
new systems, 7 commercial wastewater, 2
operating permit, 7 drainfield, 2
penalty for missed, 60 exceeding design flow, 2
performance-based system, 66 full compliance, 2
repairs, 50 lot flow, 2
right of entry to perform, 8, 66 original tank, 2
root mass failures, 50 repaired system, 2
septage hauling equipment, 24, 27 SHWT separation, 2
Land application (see disposal service), 24, 25, Monitoring, 23, 26, 32, 35, 54, 64, 65, 66, 67,
26 68, 69, 70, 71, 83, 86
Large systems, 13 Monitoring wells, 26, 65
Laundry system Mottling, 13
commercial waste, 3 Mound system, 5
drainfield sizing, 18 Multi-chambered septic tanks, 6, 17, 36, 37
industrial waste, 4 Multi-family water well, 5, 11
interceptor design, sizing, 40 Multiple dwelling units, tank capacity, 17
pre-emptive repair, 2 National Sanitation Foundation Int., 5
reduction, 18 Nitrogen, 26, 64, 69
Lime receipts, 25 Non-community public water system
Lime stabilization, 20, 24, 27, 31, 45 defined, 5
Limited use public water system, 5 NSF, 5, 20, 32, 33, 65
Loading rates Nutrient reducing material, 54
determination, 18, 77 O Horizon, 5, 20, 32
filled, 20 Obstructed land, 5, 8, 9, 12, 13, 14, 20, 21,
gravel filter, 57 22, 44
most restrictive soil, 19, 20 Occupancy of a Building, 1, 7, 8, 17, 34, 92,
mound systems, 20 105, 106

115
Occupancy, final inspections, 3, 7, 8, 33 Property lines, setback, 11
Onsite sewage disposal system, defined, 90, Public drinking water
109 flow allowance, 12, 13
Operating permit well, defined, 5
change of tenancy, 8, 92, 95 well, setbacks, 11
disposal service, 23, 27 Pump chamber insert, 41
general, 8, 66 Pump tank, 6, 17, 24, 35, 36, 40, 43, 44, 75,
grandfather I/M, 95 90
I/M zone, 95 Pumps, 5, 6, 22, 24, 35, 36, 40, 41, 42, 43,
I/M zone policy, 8, 66 44, 75, 90, 100, 108, 109
inspection, 7 Reductions
portable or temporary service, 23 blackwater, 18
Operating Permit credit for multiple techniques, 14
application, 7, 8, 66 fines, 98
Organic waste composting toilets, 20, 90, 97, grandfathering provisions, 12, 93, 94
100, 109 graywater credit, 18
reduction, 20 laundry waste system credit, 18
Outlet filter device, 2, 6, 17, 36, 41, 81 Waterless toilets, 20
Performance system maintenance entity, 65, Reference point, 9
66, 69, 70 Registration
Performance-based system, 2, 8, 54, 55, 57, application, 58
64, 65, 66, 67, 69, 70, 71, 90, 91, 92, 95, disciplinary guidelines, 60
96, 98, 100 employment, 58
application, 65, 66 general, 58
CBOD5 or TSS, 62, 63, 64 homeowner exemption, 92
construction certification, 66 out-of-state experience, 58, 110
design certification, 65 photograph, 58, 60
drainfield reduction, 69 plumber exemption, 34, 59, 67, 92, 109
fecal coliform, 32, 34, 62, 63, 64, 67, 68, 69 renewal, 59
inspection, 66 Regulatory floodway, defined, 6
LTAR, 68 Reinspection, 7, 8, 32, 66, 71
monitoring, 69 Repair
operating permit, 66 absolute minimum setbacks, 45
operation manual, 65, 66 alternative method, 45
samples, 62, 63, 64, 67, 89 alternative, chemical, 45
setback, 67 alternative, high-pressure, 45
TN, 62, 63, 64, 69 alternative, physical disruption, 45
TP, 62, 63, 64, 69 application, 44
Permits available area assessment, 50
general, 1, 7, 64, 65 commercial, 49
repairs, 44 construction standards, 45
transfer, 7, 65, 92, 94 defined, 6
voiding, 8 inspection, 7
pH not a repair, 6
domestic waste level, 3 optional work, 61
Phosphorus, 53, 64 permit expiration, 45
Pit privy, 20, 90, 109 replacement in original location, 50
Point of reference, requirement for, 10 required setbacks, 45
Portable hand washing facilities, 27, 30 root clogging, 50
Portable hand washing facility, 30 site evaluation, 45
Portable restrooms, 24, 27, 28, 29, 30, 31, 61 tanks, 2, 50
at building sites, 28, 29, 71 Research review and advisory committee, 91,
service vehicle requirements, 30 96
standby equipment, 31 Residential, design flow, 17
Potable water lines, 12, 13, 50 Restaurant
Private potable well commercial sewage, 3
defined, 5 design flow, 15
flow allowance, 12 high volume establishments, 17
setback, 11, 93 kitchen waste flow percentage, 17

116
meter water use data, 1, 14 Septic Tank Contractor, 58, 59, 60
Right of entry, 8, 66 Setback
Roof drains, 13, 45 building foundations, 11, 13, 20, 22
Rule ditches, 11, 12, 93
application of, 1 effluent transmission line, 12, 13
interpretation of, 91 grandfather provisions, 12, 93, 94
Salt Marsh, 53 groundwater interceptor drain, 12
Sampling, 8, 14, 19, 22, 25, 32, 34, 52, 53, land application of septage, 26
55, 62, 63, 64, 66, 67, 68, 69, 70, 71, 86, lots on or after 1972, 11
95, 96, 98, 100 non-potable water lines, 9, 44, 50
Sand filters, 23 non-potable water well, 11
Sand lined system, 56 potable water lines, 50
Sanitary pit privy, 20, 90, 109 pre 1972 lots, 94
Septage, 1, 6, 7, 11, 12, 23, 24, 25, 26, 27, private potable well, 11, 93
28, 30, 31, 37, 58, 61, 65, 71, 90, 100, 110 property lines, 11, 13, 20, 22
hauler log, 25, 28 public water well, 11
land application log, 27 repairs, 45
removal of entire tank contents, 24, 31 septage treatment facility, 12
resealing tank, 24 sidewalks and patios, 12
setbacks, 26 storm water pipe, 11, 93
stabilization log, 25 storm water retention areas, 11, 12, 93
stabilization required, 24 surface water bodies, 12
stabilization tanks, 24, 27 swimming pool, 11, 20
stabilization, mixing during, 24 Sewage, industrial, 4, 14, 95
tank access, 24 Sewer availability, 3, 88, 93, 95, 99
truck capacity, 24 subdivision, 89
truck inspection required, 24, 27 Sewer connection, policy, 99
Septage disposal Sewer connection, repairs, 99
permit required, 23, 27 Sewer connection, waiver, 99
Septic tank Site evaluation, 9, 10, 25, 45, 54, 58, 71, 91,
approval, 36, 37 92, 100, 109, 110
capacity, 17, 18, 77 criteria, 13
category 3, 37 duration, 9
category 4, 37 new system, 1, 9
compartment size, 36 repairs, 45
compressive strength, 37, 38, 39, 41, 82 soil profiles, 9
construction standards, 35, 36, 37 Site Plan, 1, 9, 10, 44, 65
defined, 6 to scale, 9, 21, 65
design, 35 Sleeved water lines, 12, 13
excavation, 41 Small diameter gravity sewers, 23
flaws, 38, 41, 75, 76 Soil Conservation Service, 13, 19, 97
inlet device, 36, 41 Soil Profiles, 9, 10, 19, 54, 68, 78
legend, 1, 37 Soil Scientist
lid replacement, 24 professional, 9
liquid depth, 36 Soils
manholes, 24, 36, 37, 75, 76, 81 coarse replacement, 19
materials, 35 effective depth, 3, 13, 45, 49
multi-chamber, required, 36 extraneous material, 21
multi-chamber, sizing, 36 moderately limited, 3, 10, 13, 18, 19, 20,
outlet filter, 2, 6, 17, 36, 41, 81 21, 43, 45, 68
outlet requirements, 36, 82 mottling, 13
proof testing, 35, 37 permeability, 19
seams allowed, 36 replacement, 19
sectional lids, 37 severely limited, 9, 13, 19, 20, 49
transportation, 41 sieve analysis, 19, 43, 56
under concrete, 2 slightly limited, 12, 13, 18, 19, 20, 21, 43,
vacuum test, 35 57, 68, 69, 78
Septic tank contracting, authorization, 24, 27, textural classification, 19, 58
60, 62, 71, 111 Spoil material, 6, 45

117
Stabilization, lime, tank design, 24 effluent, 13
Stabilization, mound systems, responsibility, TSS, 3, 21, 62, 63, 64, 69, 70
21 Undisturbed native soil, 3, 5, 6, 7, 22
Standard 41 (non discharging systems), 20 Undocumented system, 54, 55
Standard subsurface system, defined, 6 Unobstructed land, 8, 12, 13, 14, 20, 22
Storm sewer pipe USDA, Soil Conservation Service, 13, 19, 97
setback, 11, 13, 93 Variance, 10, 33, 66, 71, 94, 96, 100, 101
Storm water retention areas, setback, 11, 12, Warranty disclaimer, 3, 7, 32, 43, 66, 72, 73
93 Water table
Subdivision defined, 7, 10
defined, 6, 90 determination, 13
grandfather provisions, 10, 12 reference to benchmark, 10
lot density, 93 separation required, 13
recombining lots, 12 Waterless toilets
sewer availability, 89 reduction, 20
Surface Water Well
defined, 6, 12, 67, 68 community public, 5
setback, 3, 6, 9, 11, 12, 26, 44, 45, 50, 51, injection, 50, 54, 55, 56, 57, 96
54, 55, 56, 67, 68, 75, 88, 90, 91, 93, 94, installation after final approval, 8
95, 96, 101 limited use, 5
Surface Water Bodies, 6, 9, 12, 26, 44, 50, 54, milti-family, 5
55, 56, 67, 68, 90, 93 non-community, 5
Swale, defined, 6 non-transient, 5
Synthetic cover, 21 potable, 5
Tables private, 5, 11, 12, 93
I. Estimated Sewage Flows, 14 public, 5, 9, 11, 12
III. Loading rates for drainfields, 18 setbacks, effluent transmission line, 12, 13
IV. Aerobic System Plant Sizing, 33 setbacks, OSTDS, 11, 93
IX. Maximum Equivalent LTARs, 68 setbacks, septage stabilization tank, 11, 93
V. Repair System Setbacks, 46 Wettest season, 7
VI. Residential repairs in slightly limited soil,
49
VII. Residential repairs in moderately limited
soil, 49
VIII. Commercial repairs of subsurface or
filled sys., 50
Technical review and advisory panel, 91, 95,
101
Temporary
defined, 6
holding tanks, 1, 6, 27, 28, 30, 31, 58, 61,
92
portable restrooms, 24, 27, 28, 29, 30, 31,
61
prohibition for permanent structures, 1
Ten year flood elevation, 4, 97, 98
Tire chip, 22
Toilets
Incinerating, 20, 90, 97, 100, 109
organic waste composting, 20, 90, 97, 100,
109
portable, 27, 28, 29, 30, 31
waterless, 20, 90, 97, 100, 109
Toxic and hazardous chemicals, 3, 6, 26, 86,
90, 95
Training of department employees, 91
Transferring permits and variances, 7, 65, 92,
94
Transmission lines

118
119

FDEP 64E-6 Rev 4-28-10 - Onsite Sewerage and Septic Tanks - PD

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STATE OF FLORIDA

EFFECTIVE APRIL 28, 2010

PART II FLORIDA KEYS

PART III SEPTIC TANK CONTRACTORS

PART IV PERFORMANCE-BASED TREATMENT SYSTEMS

2008 FLORIDA STATUTES (EXCERPTS)

CHAPTER 386.01, F.S. SANITARY NUISANCES ----------------------------------------------------------------- 103

CHAPTER 489.103, F.S. EXEMPTIONS ------------------------------------------------------------------------------- 105

INDEX -------------------------------------------------------------------------------------------------------------------------------------- 113

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

(52) Subdivision – as defined by Section 381.0065(2), F.S.

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

64E-6.004 Application for System Construction Permit.

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

64E-6.005 Location and Installation.

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

64E-6.006 Site Evaluation Criteria.

EFFECTIVE APRIL 28, 2010

64E-6.008 System Size Determinations.

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

AVERAGE SEPTIC TANK PUMP TANK

EFFECTIVE APRIL 28, 2010

Loamy Sand; Sandy Loam; Slightly limited 0.80 0.60

Loam; Fine Sandy Loam; Moderately limited 0.65 0.35

EFFECTIVE APRIL 28, 2010

Clay; Severely limited Unsatisfactory for

Coarse Sand with Severely limited Unsatisfactory for

Footnotes to Table III:

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

64E-6.010 Septage and Food Establishment Sludge.

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

64E-6.0101 Portable Restrooms and Portable or Stationary Holding Tanks.

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

64E-6.011 Abandonment of Systems.

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

64E-6.013 Construction Materials and Standards for Treatment Receptacles.

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010

EFFECTIVE APRIL 28, 2010